IN THE CASE OF:
BOARD DATE: 27 January 2011
DOCKET NUMBER: AR20100017575
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 records be changed to show his correct social security number (SSN). Specifically, he requests the following documents be corrected:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DA Form 20 (Enlisted Qualification Record)
* DA Forms 2627-1 (Record of Proceeding Under Article 15, Uniform Code of Military Justice)
* Standard Form 88 (Report of Medical Examination)
* Standard Form 89 (Report of Medical History)
2. He states his SSN is 223-XX-XXXX instead of 232-XX-XXXX and the mistake was caused by a typographical error.
3. He provides the following:
* DD Form 214
* DA Form 20
* DA Forms 2627-1
* Standard Form 88
* Standard Form 89
* Social Security Administration printout and Report of Confidential Social Security Benefit Information
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. The applicant's record shows he enlisted in the Regular Army on 4 November 1966. He was honorably released from active duty on 3 November 1969 and credited with 3 years of active service.
3. A review of his record shows his SSN as 223-XX-XXX appears on the following forms:
* DD Form 398 (Statement of Personal History), dated 18 July 1966
* DA Form 3027 (U.S. Army Request for National Agency Check), dated 7 November 1966
* DA Form 41 (Record of Emergency Data)
4. His DD Form 214, item 3 (SSN), shows his SSN as 232-XX-XXXX. Additionally, all the documents he provided show the same SSN.
5. The Social Security Administration stated the SSN of 223-XX-XXXX was assigned to the applicant in September 1960 and no other cross reference numbers were found.
6. Army Regulation 635-5 (Separation Documents) states 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.
7. Army Regulation 600-2 (Name and Birth Data, and SSN) specifies that a
DD Form 1343 (Notification of Change in Service Member's Official Records) will generally be issued to identify correction to other documents in the official military personnel file.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's SSN appears as both
223-XX-XXX and 232-XX-XXX in his military personnel records. The evidence from the Social Security Administration verifies his SSN as 223-XX-XXXX. Therefore, he is entitled to have his DD Form 214 corrected to show his SSN as 223-XX-XXXX.
2. It is noted that his DA Form 20, DA Forms 2627-1, Standard Form 88, and Standard Form 89 show the incorrect SSN of 232-XX-XXXX. Therefore, a
DD Form 1343 should be issued to correct his SSN to 223-XX-XXXX on these documents.
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:
a. deleting from item 3 of his DD Form 214 the entry "232-XX-XXXX" and replacing it with the entry "223-XX-XXXX."
b. issuing a DD Form 1343 showing the correct SSN of 223-XX-XXXX.
__________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) AR20100017575
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ABCMR Record of Proceedings (cont) AR20100017575
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