IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100020650
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 (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and item 3 (SSN) of his DD Form 215 (Correction to DD Form 214).
2. He states, in effect, the SSN shown on his DD Form 214 and on the DD Form 215 he was issued is incorrect. This is his third request. The first error pertaining to his SSN was the just the first number, now the second group of numbers are incorrect.
3. He provides:
* social security card
* DD Form 214
* DD Form 215
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 was inducted into the Army of the United States on 15 August 1966. At the time of his induction, he was assigned and identified throughout his military service with an Army service number which began with the prefix "US."
3. A DA Form 41 (Record of Emergency Data) shows the first digit of his SSN as "2" and the fourth digit as "4."
4. Item 1 (Name and Service Number) of his DA Form 20 (Enlisted Qualification Record) shows the first digit of his SSN as "2" and the fourth digit as "4."
5. He was honorably released from active duty on 23 July 1968 for early separation from overseas service and he was transferred to the U.S. Army Reserve Control Group.
6. Item 3 of his DD Form 214 shows the first digit of his SSN as "3" and the fourth digit as "2."
7. On 26 June 2010, he was issued a DD Form 215 correcting the first digit of his SSN and his place of birth. Item 3 of the DD Form 215 shows the fourth digit of his SSN as "2."
8. He provided his social security card which shows the first digit of his SSN as "2" and the fourth digit as "4."
9. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation and issuance of the DD Form 214. The regulation stated after a separatee had departed the DD Form 214 would be corrected only by issuance of a DD Form 215 or by issuance of a new DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of records confirms the first and fourth digits of the applicant's SSN are "2" and "4," respectively. Therefore, he is entitled to correction of item 3 of his DD Form 214 to show the first and fourth digits of his SSN as "2" and "4."
2. In view of the foregoing, his DD Form 214 should be corrected as recommended below.
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:
a. amending item 3 of the applicant's DD Form 214 to show the first and fourth digits of his SSN as "2" and "4," respectively, and
b. providing him a document that shows 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) AR20100020650
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100020650
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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