IN THE CASE OF:	  

		BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100017460 


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 the last digit of the SSN recorded on his separation document is incorrect because it shows the numeral "9"; however, it should be "6."  He adds that he needs the document corrected for verification of social security benefits.

3.  The applicant provides copies of his DD Form 214 and his Social Security Administration (SSA) database record.

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 5 October 1965.  The U.S. Armed Forces did not use the SSN at the time of the applicant's induction.

3.  The applicant's DD Form 214 shows he entered active duty on 5 October 1965, was honorably released from active duty on 15 September 1967 based on early release of overseas returnee, and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.  At the time he had completed 1 year, 11 months, and 11 days of net active service.

	a.  Copy 2 of the document shows the entry "XXX-XX-XX__" in item 3 (Social Security Number) [the last two digits are not legible; they have been erased].

	b.  Copy 5 of the document shows the entry "XXX-XX-XX79" in item 3 [the next-to-the-last digit has been partially erased].

4.  A U.S. Army Administration Center Form 170 (USAR Personnel Data Review), dated 29 October 1967, shows the applicant's SSN then on file was "XXX-XX-XXX9."  The instructions show "Make Necessary Correction or Change" to "XXX-XX-XXX6."

5.  U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 09-1210381, dated 22 September 1971, honorably discharged the applicant from the USAR effective 4 October 1971.  The orders show his SSN as "XXX-XX-XXX6."

6.  In support of his application the applicant provides the following documents.

	a.  Copy 3 of his DD Form 214 that shows in item 3 the entry "XXX-XX-XX79" [the last two digits are legible, but there appears to have been an effort to erase the next-to-the-last digit].

	b.  A copy of a Social Security Administration database record that shows he was issued SSN "XXX-XX-XXX6."

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It established standardized policy for preparing and distributing the DD Form 214.

	a.  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.  It shows for item 3 to transcribe the SSN from the DA Form 2139 (Military Pay Voucher).

8.  Army Regulation 340-21 (The Army Privacy Program) sets forth policies and procedures that govern personal information kept by the Department of the Army in systems of records.  Paragraph 2-10 (Amendment of Records) provides that consideration of a request for amendment would be appropriate if it can be shown that the document was not constructed in accordance with applicable record-keeping requirements prescribed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his SSN is "XXX-XX-XXX6."

2.  The evidence of record shows that subsequent to the applicant's release from active duty, his SSN was found to be incorrectly recorded in his military personnel records as "XXX-XX-XXX9" and it was to be corrected to 
"XXX-XX-XXX6."  The evidence of record also shows the orders that subsequently discharged the applicant from the USAR on 4 October 1971 show his correct SSN.

3.  Thus, the evidence of record supports the applicant's contention that Army officials entered the incorrect SSN on his separation document.  Specifically, the last digit of the SSN is incorrect.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his correct 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 3 of his DD Form 214 the entry "XXX-XX-XXX9" and adding the entry "XXX-XX-XXX6."



      _______ _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)                                         AR20100017460



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ABCMR Record of Proceedings (cont)                                         AR20100017460



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