IN THE CASE OF:	  

		BOARD DATE:	  7 June 2011

		DOCKET NUMBER:  AR20100028161 


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 her DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show her correct social security number (SSN).

2.  The applicant states the next-to-last digit of the SSN recorded in her military records is incorrect and should be "8," not "3."  She adds this typographical error occurred at the recruiter's office or reception station and was continued throughout her entire military service.

3.  The applicant provides a copy of her social security card, two Social Security Administration (SSA) documents, and two DD Forms 214.

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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 19 July 1979.  She was discharged from the DEP and enlisted in the Regular Army on 19 September 1979.  Her enlistment contract for this period is not available.

3.  A DA Form 4187 (Personnel Action) shows the applicant requested a name change from R____ A. L____ to R____ A____.  Section I (Personal Identification) shows entry "XXX-XX-XX3X" in the SSN block.  The name change was approved on 28 September 1984.

4.  A DD Form 214 shows the applicant entered active duty on 19 September 1979 and was honorably released from active duty (REFRAD) on 12 June 1987 based on her expiration of term of service (Fiscal Year 1987 Early Release Program).

	a.  She completed 7 years, 8 months, and 24 days of net active service.

	b.  Item 3 (SSN) shows the entry "XXX-XX-XX3X."

5.  A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the USAR on 21 July 1988.  Item 2 (SSN) shows the entry "XXX-XX-XX3X."

6.  A DD Form 214 shows the applicant entered active duty for training on 26 July 1990, was honorably REFRAD on 4 October 1990 based on completion of training, and transferred to a USAR unit.

	a.  She completed 2 months and 9 days of net active service.

	b.  Item 3 shows the entry "XXX-XX-XX3X."

7.  A DD Form 214 shows the applicant was ordered to active duty in support of Operations Desert Shield/Desert Storm on 21 November 1990, and was honorably REFRAD on 1 June 1991 based on expiration of term of service.

	a.  She completed 6 months and 11 days of net active service.

	b.  Item 3 shows the entry "XXX-XX-XX3X."

8.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows the entry "XXX-XX-XX3X"in item 2 (SSN).

9.  The applicant's USAR Personnel Command Form 249-E (Chronological Statement of Retirement Points) shows her SSN as "XXX-XX-XX3X."

10.  In support of her request, the applicant provides the following documents:

	a.  A Form SSA-2458 (Report of Confidential Social Security Benefit Information) and an SSA SSN Printout, both dated 19 April 2010, show the applicant's SSN as "XXX-XX-XX8X."  The Form SSA-2458 also shows she received her first social security card on 3 May 1974 as R____ A____ and her second social security card on 4 November 1992 based on marriage with a name change to R____ A____-C____.

	b.  Her social security card shows the SSN "XXX-XX-XX8X."

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It stated that the source documents for entering information on the DD Form 214 would be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, military personnel records jacket, or any other document authorized for filing in the official military personnel file.

	a.  Table 2-1 (DD Form 214 Preparation Instructions) contained item-by-item instructions for completing the DD Form 214.

	b.  Item 3 stated to verify accuracy with the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her DD Forms 214 should be corrected to show her SSN as "XXX-XX-XX8X."

2.  The evidence of record shows the SSA issued SSN "XXX-XX-XX8X" to the applicant on 3 May 1974 and issued a new card with her SSN on 4 November 1992 based on a name change.

3.  For reasons that are not readily apparent, the applicant's SSN was recorded in her military personnel records as "XXX-XX-XX3X."

	a.  The evidence of record shows this SSN continued to be recorded in the applicant's official military service records throughout her entire military service.

	b.  Despite this fact, the evidence of record shows the incorrect SSN was recorded in the applicant's military records.  Specifically, the next-to-last digit of the SSN is incorrect.  Therefore, it would be appropriate to correct the applicant's DD Forms 214 to show her correct SSN.

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 deleting the entry "XXX-XX-XX3X" from item 3 of all of her DD Forms 214 and all other military records and replacing it with the entry "XXX-XX-XX8X."



      _______ _  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)                                         AR20100028161



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ABCMR Record of Proceedings (cont)                                         AR20100028161



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