BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100018651 


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 item 3 (Social Security Number) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 20 December 1969 to show his social security number (SSN) as XX2-XX-XXXX instead of XX4-XX-XXXX.

2.  The applicant states his SSN is incorrect on his DD Form 214 because it was mistyped when he entered the Army.  He adds this was done by accident and there was no attempt at deception.

3.  The applicant provides his DD Form 214 and a Social Security Administration printout.

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 military records show he enlisted in the U.S. Army Reserve as a Reserve Officers' Training Corps (ROTC) cadet on 13 September 1965.  He was discharged as an enlisted Soldier and appointed as a Reserve commissioned officer on 27 May 1967 in the rank of second lieutenant.  His branch was combat engineer.

3.  Headquarters, Fifth U.S. Army, Letter Orders Number 05-539, dated 27 May 1966, authorizing him to proceed to ROTC Camp list his SSN as XX2-XX-XXXX.

4.  He entered active duty on 5 January 1968.  Headquarters, 21st Replacement Battalion, Special Orders Number 93, dated 3 April 1968, show his SSN as 
XX2-XX-XXXX.

5.  His DD Form 214 in question shows he was released from active duty on 20 December 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He had completed 1 year, 11 months, and 16 days of creditable active service.  The DD Form 214 he was issued for this period and most documents dated prior to the ending date of this period containing an SSN show his SSN as 
XX4-XX-XXXX.

6.  Company D, 367th Engineer Battalion, Unit Orders Number 4, dated 2 March 1971, show his SSN as XX2-XX-XXXX.  Several orders and other documents contained in his records for service subsequent to the period shown on the DD Form 214 in question show his SSN both as XX2-XX-XXXX and 
XX4-XX-XXXX.  In several instances the numeral 4 was lined through and the numeral 2 was handwritten above the lined-through numeral 4 in an apparent effort at correction.

7.  The Social Security Administration printout provided by the applicant shows his SSN as XX2-XX-XXXX.

8.  Army Regulation 635-5 (Separation Documents) is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. The regulation in effect at the time stated that for item 3 to transcribe the SSN from the DA Form 2139 (Military Pay Voucher).

DISCUSSION AND CONCLUSIONS:

1.  Soldier records often used a service number instead of an SSN during the period of active service covered by the applicant's DD Form 214 in question.  There is no DA Form 2139 available for review.  However, two orders contained in his records, dated prior to the ending period of his DD Form 214 in question show his SSN XX2-XX-XXXX.  This is the same SSN as reflected on the Social Security Administration printout he provided.

2.  Additionally, several orders and other documents contained in the applicant's military records dated subsequent to the period of active duty covered by the DD Form 214 in question show his SSN both as XX2-XX-XXXX and 
XX4-XX-XXXX.  In several instances the numeral 4 was lined through and the numeral 2 was handwritten above the lined-through numeral 4 in an apparent effort at correction.

3.  Most other orders and documents dated prior to the ending period of the DD Form 214 in question containing an SSN show it as XX4-XX-XXXX.

4.  While it isn't clear why the applicant's SSN wasn't corrected earlier in his military career, it appears his SSN should have been reflected as XX2-XX-XXXX on his DD Form 214; as such, it would be appropriate to correct this DD Form 214 to show his SSN as XX2-XX-XXXX.

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 the DD Form 214 for the period ending 20 December 1969 of the individual concerned be corrected by amending item 3 to show XX2-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)                                         AR20100018651



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ABCMR Record of Proceedings (cont)                                         AR20100018651



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