BOARD DATE: 20 January 2011
DOCKET NUMBER: AR20100018628
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 the Social Security Number (SSN) listed in
item 3 (Social Security Number) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.
2. The applicant states the SSN on his DD Form 214 should show the number
8 instead of the number 6 as the fifth digit.
3. The applicant provides a copy of his SSN card 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 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 record shows the applicant enlisted in the Regular Army (RA) on
9 January 1968. The DD Form 4 (Enlistment Contract) completed during his enlistment processing does not list an SSN. Armed Forces Examination and Entrance Station, Minneapolis, Minnesota enlistment orders, dated 9 January 1968, lists his SSN using the number 8 as the fifth digit.
3. The DA Form 20 (Enlisted Qualification Record) prepared on the applicant upon his entry on active duty lists his SSN using the number 8 as the fifth digit in item 1 (Name & Service Number).
4. The majority of documents and orders in the applicants DA Form 201 (Military Personnel Records Jacket (MPRJ)), including promotion orders, dated 15 April 1970 and award (Army Good Conduct Medal) orders, dated 10 December 1970; and release from active duty (REFRAD) orders, dated 31 December 1970, list his SSN with the number 8 as the fifth digit.
5. On 31 December 1970, the applicant was honorably REFRAD, in the rank of specialist four/E-4, after completing 2 years, 11 months, and 22 days of active military service. The DD Form 214 he was issued at the time lists his SSN using the number 6 as the fifth digit.
6. The applicant provides an SSN card that lists the number 8 as the fifth digit of his SSN.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time stated that the DA Form 20 and documents on file in the MPRJ would be the source documents and records for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the SSN listed in item 3 of his DD Form 214 should be corrected to list the number 8 as the fifth digit has been carefully considered and found to have merit.
2. The applicant's enlistment orders, the DA Form 20 prepared on him upon his entry on active duty, and the majority of the documents on file in his MPRJ list the number 8 as the fifth digit of his SSN.
3. The REFRAD orders issued to the applicant on 31 December 1970 also list the number 8 as the fifth digit of the applicants SSN. However, the DD Form 214 he was issued upon his REFRAD erroneously lists the number 6 as the fifth digit of his SSN in item 3. It appears clear that the fifth digit of the SSN listed in
item 3 of his DD Form 214 was entered as a result of an administrative error. As a result, it would be appropriate to grant the requested relief by correcting the SSN entry in item 3 of the applicants DD Form 214 at this time.
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 item 3 of his DD Form 214 by deleting the fifth digit of the SSN and replacing it with the fifth digit 8 and by providing him a document 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) AR20100018628
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ABCMR Record of Proceedings (cont) AR20100018628
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