IN THE CASE OF:
BOARD DATE: 17 February 2011
DOCKET NUMBER: AR20100020653
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 his social security number (SSN) as 3xx-xx-xxxx instead of 2xx-xx-xxxx.
2. The applicant states his SSN is incorrect on his DD Form 214.
3. The applicant provides a DD Form 214, a copy of his social security card, a U.S. Army Safety Award, a Social Security Administration SSN printout, a social security statement, and a letter from the National Personnel Records Center.
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 applicant was inducted into the Army of the United States on 1 March 1968. Upon completion of initial entry training he was awarded military occupational specialty 91B (Medical Specialist).
3. His Official Military Personnel File (OMPF) contains, among other documents, the following documents that show the SSN he claims is correct:
* DD Form 47 (Record of Induction)
* induction and separation orders
* DD Form 1584 (National Agency Check Request)
* promotion orders
* DA Form 2139 (Military Pay Voucher)
* DA Form 137 (Installation Clearance Record)
4. He was released from active duty on 21 October 1969. Item 3 (SSN) of his DD Form 214 shows the SSN he claims is incorrect.
5. There is no evidence in his OMPF that shows he served under the SSN listed on his DD Form 214.
6. He provided a copy of his social security card, U.S. Army Safety Award, Social Security Administration SSN printout, and a social security statement which show the SSN he claims is correct.
7. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as 3xx-xx-xxxx instead of 2xx-xx-xxxx has been carefully reviewed.
2. There is no evidence in his OMPF showing that he ever served under the SSN shown on his DD Form 214. Therefore, it is evident an error was made in the preparation of his DD Form 214.
3. Based on the foregoing, his DD Form 214 should be corrected to reflect his correct SSN.
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 deleting the entry in item 3 of his DD Form 214 and adding SSN 3xx-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) AR20100020653
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100020653
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