IN THE CASE OF:
BOARD DATE: 17 February 2011
DOCKET NUMBER: AR20100018967
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 the numbers "9" and "9" as the 7th and 8th digits of his social security number (SSN), instead of the numbers "3" and "3."
2. The applicant states the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides his DD Form 214 and an SSN verification printout from the Social Security Administration (SSA).
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 records show he was inducted into the Army of the United States (AUS) on 4 January 1968. On an unknown date, he completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN with the numbers "9" and "9" as the 7th and 8th digits. Special Orders Number 3, Armed Forces Examining and Entrance Station, Philadelphia, PA, dated 4 January 1968, show his SSN with the numbers "9" and "9" as the 7th and 8th digits.
3. On 23 January 1969, he completed another DD Form 398 wherein he listed his SSN with the numbers "9" and "9" as the 7th and 8th digits.
4. His records contain various official personnel documents that show his SSN with the numbers "9" and "9" as the 7th and 8th digits. Many of these documents are personally authenticated by his signature. These include, but are not limited to:
* DD Form 47 (Record of Induction)
* DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement)
* DD Form 1584 (National Agency Check Request)
* DA Form 137 (Installation Clearance Record)
* DA Form 428 (Application for Identification Card)
* DA Forms 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice)
* multiple special and unit orders
5. On 1 January 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation. Item 3 (Social Security Number) of his DD Form 214 shows the numbers "3" and "3" as the 7th and 8th digits of his SSN.
6. The applicant provides a statement from the SSA wherein it verifies his SSN with the numbers "9" and "9" as the 7th and 8th digits.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show the numbers "9" and "9" as the 7th and 8th digits of his SSN was carefully considered and was determined to have merit.
2. The evidence of record shows that upon induction into the AUS, the applicant listed his SSN with the numbers "9" and "9" as the 7th and 8th digits. The majority of the personnel documents contained within his records completed throughout his service in the Army list his SSN with the numbers "9" and "9" as the 7th and 8th digits.
3. In view of the foregoing, it can be presumed that the entry of his SSN on his DD Form 214 was incorrect as a result of clerical error; therefore, he is entitled to the requested relief.
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 amending item 3 of his DD Form 214 to show the numbers "9" and "9" as the 7th and 8th digits of his SSN.
_________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) AR20100016493
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100018967
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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