Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100018967
Original file (20100018967.txt) Auto-classification: Approved

		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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100018967



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110010262

    Original file (20110010262.txt) Auto-classification: Approved

    Prior to induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed "4" and "0" as the fourth and fifth digits of his SSN. His DD Form 47 (Record of Induction) listed his Service Number; it did not list his SSN. However, having listed the correct SSN at the time of induction, his DD Form 214 should be corrected to show that same SSN at the time of separation.

  • ARMY | BCMR | CY2010 | 20100016493

    Original file (20100016493.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). On an unknown date, he completed DD Form 398 (Statement of Personal History) wherein he listed his SSN with the number "9" as the last digit. 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 number "9" as the last digit of his SSN and issuing him a new Honorable Discharge Certificate.

  • ARMY | BCMR | CY2011 | 20110007928

    Original file (20110007928.txt) Auto-classification: Approved

    The applicant completed a DD Form 398 (Statement of Personal History) in connection with his induction into the Army of the United States (AUS), but he did not list an SSN on this form. His DD Form 47 (Record of Induction) lists his service number; it does not list his SSN. His records contain various documents, including a separation order, statement of medical condition, record of emergency data, various computerized punch cards, and other documents that list his SSN with the number "2"...

  • ARMY | BCMR | CY2013 | 20130021811

    Original file (20130021811.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). His DD Form 47 (Record of Induction) listed his Service Number. _______ _ _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.

  • ARMY | BCMR | CY2011 | 20120000835

    Original file (20120000835.txt) Auto-classification: Approved

    A DD Form 1584 (National Agency Check Request), dated 26 June 1967, shows the last three digits of his SSN as "909." Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the last three digits as "090." The block titled SSN of both pages of this DD Form 215 shows his SSN with the last three digits as "090."

  • ARMY | BCMR | CY2013 | 20130014656

    Original file (20130014656.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows: * item 3 (Social Security Number (SSN)) to show his SSN as "449-xx-xxxx" instead of "499-xx-xxxx" (the number 4 instead of the number 9 in the second digit) * item 32 (Remarks) to show his Blood Group as "AB Negative" instead of just "B" 2. With respect to the applicant's SSN, although the applicant's Record of Induction identified him by his Service Number...

  • ARMY | BCMR | CY2011 | 20110006263

    Original file (20110006263.txt) Auto-classification: Approved

    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. A DD Form 1584 (National Agency Check Request), dated 15 April 1969, shows "6892" as the last four digits of his SSN. _______ _ X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...

  • ARMY | BCMR | CY2014 | 20140005037

    Original file (20140005037.txt) Auto-classification: Approved

    The applicant states the SSN shown on his DD Form 214 is incorrect; the fourth digit of his SSN is 4 and the last digit is 8. 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. DISCUSSION AND CONCLUSIONS: The evidence of record shows that upon the applicant's induction into the AUS, he...

  • ARMY | BCMR | CY2010 | 20100022954

    Original file (20100022954.txt) Auto-classification: Approved
  • ARMY | BCMR | CY2011 | 20120000349

    Original file (20120000349.txt) Auto-classification: Approved

    His DD Form 214 shows his SSN as "x9x-xx-xxxx" and his DOB as "15 July 1947." The applicant listed his DOB as "15 July 1947" upon his induction into the AUS and this is the DOB that he used throughout his military service. He listed this DOB on several forms and authenticated many forms indicating this was his correct DOB.