IN THE CASE OF:
BOARD DATE: 20 January 2011
DOCKET NUMBER: AR20100015989
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to show his correct social security number (SSN) and the location of his high school.
2. He states his SSN of 939-XX-XXXX listed on his DD Form 214 is incorrect; his SSN should be listed as 238-XX-XXXX. He also states his high school city of "Neal Springs" is incorrect and it should be listed as "Mill Springs."
3. He provides the following:
* DD Form 214
* Social Security Card
* Birth Certificate
* State of Georgia Driver's License
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's record shows he was inducted into the Army of the United States on 4 February 1971. His record of induction shows his service number as 939-XX-XXXX and his SSN as 238-XX-XXX. He was discharged on 8 March 1972. He was credited with 4 months and 7 days of active service.
3. Orders and all other documents in his records show his SSN as
939-XX-XXXX. Additionally, his DD Form 1584 (National Agency Check Request) shows the last civilian school he attended was Polk Central High School, Mill Springs, North Carolina from 1966 to June 1970.
4. Item 3 (SSN) of his DD Form 214 shows his SSN as 939-XX-XXXX. Additionally, item 30 (Remarks) of this form shows he graduated from "Polk Central High School, Neal Springs, North Carolina."
5. His social security card shows his social security number as 238-XX-XXX.
6. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. It appears the applicant's service number was used instead of his SSN on all of his military documents. However, his record of induction and his social security card confirm his correct SSN is 238-XX-XXXX. Therefore, he is entitled to correction of his DD Form 214 to show his correct SSN.
2. His DD Form 1584 shows the last civilian school he attended was Polk Central High School, Mill Springs, North Carolina. Therefore, he is entitled to correction of his DD Form 214 to show Mill Springs as the school's location.
BOARD VOTE:
___X____ ___X____ ____X___GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 amending his DD Form 214 to show his SSN as 238-XX-XXXX as it appears on his application and his high school city as Mill Springs, North Carolina.
_______ _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.
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ABCMR Record of Proceedings (cont) AR20100015989
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