BOARD DATE: 2 December 2010
DOCKET NUMBER: AR20100014897
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct social security number (SSN).
2. The applicant states he recently noticed that the last two digits of the SSN recorded on his DD Form 214 are incorrect and should be "53." He also states he just noticed the error and requires the correction to apply to the Department of Veterans Affairs for medical benefits.
3. The applicant provides copies of his social security card, a Social Security Administration (SSA) letter, his Minnesota driver's license, and his DD Form 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. A DD Form 47 (Record of Induction) shows the applicant was inducted into the Army of the United States on 13 February 1963. [The U.S. Armed Forces did not use the SSN at the time of the applicant's induction.]
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "XXX-XX-XX53" in item 1 (Name and Service Number).
4. The applicant's DA Form 24 (Service Record) shows the entry
"XXX-XX-XX53" in the Name and Service Number block.
5. The applicant's DD Form 214 shows he entered active duty on 13 February 1963, was honorably released from active duty on 12 February 1965 based on his expiration of term of service, and was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.
a. At the time he had completed 2 years of net active service.
b. Item 32 (Remarks) shows the entry "SSAN [Social Security Account Number]: XXX-XX-XX74."
6. The applicant provides the following documents.
a. His Minnesota driver's license shows the applicant was issued the driver's license in December 2007. [The driver's license does not show an SSN.]
b. An SSA Form OA-701 (Social Security Card) shows the applicant's SSN as "XXX-XX-XX53."
c. An SSA letter, dated 5 November 2010, shows the SSN "XXX-XX-XX53" has been verified in SSA systems as belonging to the applicant and the SSA does not show any other SSN's issued to the applicant during his lifetime.
7. Army Regulation 635-5 (Separation Documents) in effect at the time of the applicant's separation from active duty prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214.
a. It states the purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date.
b. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions for item 32 state to "transcribe the social security account number from the DA Form 24 in the following manner: SSAN: 000-00-0000."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his SSN as "XXX-XX-XX53."
2. The evidence of record shows that upon entry on active duty in the U.S. Army the applicant's SSN was recorded in his personnel records as "XXX-XX-XX53." The evidence of record also shows this SSN was accurately and consistently recorded in the applicant's official military service records up until the date of his release from active duty.
3. The evidence of record shows the SSN recorded in item 32 of the applicant's DD Form 214 is incorrect; specifically, the last two digits of the SSN are incorrect. Therefore, it would be appropriate to correct the entry to show his actual SSN.
BOARD VOTE:
___x___ ___x____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by deleting from item 32 of his DD Form 214 the entry "SSAN: XXX-XX-XX74" and adding the entry "SSAN: XXX-XX-XX53."
__________x_______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100014897
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ABCMR Record of Proceedings (cont) AR20100014897
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