IN THE CASE OF:
BOARD DATE: 11 January 2011
DOCKET NUMBER: AR20100018305
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 Social Security Number (SSN) be corrected on his Honorable Discharge Certificate, separation orders, and DD Form 214 (Report of Transfer or Discharge).
2. The applicant states his SSN is incorrect on several important military documents and he needs them corrected and reissued.
3. The applicant provides copies of his Honorable Discharge Certificate, dated
1 April 1974; separation orders; Social Security Card; and DD Form 214.
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 was inducted into the Army of the United States on 16 April 1968. All documents prepared at this time show either his Service Number or an SSN of xxx-xx-x6xx.
3. All of the documents in the applicant's records that contain his SSN show SSN xxx-xx-x6xx except his Honorable Discharge Certificate, dated
1 April 1974; Letter Orders Number 03-1107403, dated 20 March 1974; and his DD Form 214, dated 22 January 1970, which show his SSN as xxx-xx-x5xx.
4. The applicant's Social Security Card also shows his SSN as xxx-xx-x6xx.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the Active Army. Paragraph 2-7 states once a DD Form 214 has been issued, it will not be reissued except when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD From 214) or if the correction would require issuance of more than two DD Forms 215.
DISCUSSION AND CONCLUSIONS:
1. The applicant states his SSN is incorrect on several important military documents and he needs them corrected and reissued.
2. With the exception of the three documents in question all of the applicant's records show his SSN as xxx-xx-x6xx to include his Social Security Card.
3. Therefore, it would be appropriate to correct the SSN on the applicant's Honorable Discharge Certificate, dated 1 April 1974; Letter Orders Number
03-1107403, dated 20 March 1974; and his DD Form 214, dated 22 January 1970, to show SSN xxx-xx-x6xx.
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:
a. issuing the applicant an Honorable Discharge Certificate, with a separation date of 1 April 1974, to show SSN xxx-xxx-x6xx;
b. correcting Letter Orders Number 03-1107403, dated 20 March 1974, to show SSN xxx-xx-x6xx; and
c. correcting his DD Form 214, dated 22 January 1970, to show SSN
xxx-xx-x6xx and providing him a DD Form 215 to show this correction.
_______ _ 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) AR20100018305
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100018305
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