BOARD DATE: 23 June 2011
DOCKET NUMBER: AR20100029618
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 correct social security account number (SSAN) as "263-XX-XXXX."
2. The applicant states his DD Form 214 shows an incorrect SSAN. The typist made a clerical mistake.
3. The applicant provides copies of his DD Form 214 and his SSAN card.
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. On 30 November 1966, the applicant enlisted in the Regular Army. He was assigned a Regular Army service number which was used throughout his period of active duty service as his identification number.
3. The applicant's records provide:
a. DA Form 398 (Statement of Personal History) that shows his SSAN as "263-XX-XXXX";
b. DA Form 3027 (U.S. Army Request for National Agency Check), dated
7 December 1966, that shows his SSAN as 263-XX-XXXX.
c. DA Form 20 (Enlisted Qualification Record) that indicates his SSAN as 263-XX-XXXX.
d. DA Form 41 (Record of Emergency Data) that shows his SSAN as 263-XX-XXXX.
e. DA Form 2173 (Statement of Medical Examination and Duty Status), dated 10 July 1969, that indicates his SSAN as 257-XX-XXXX.
f. Special Orders Number 202, Fort Hood, Texas, dated 26 August 1969, directed the applicant's release from active duty and transfer to the U.S. Army Reserve. These orders indicate his SSAN as 257-XX-XXXX.
g. item 3 (Social Security Number) of his DD Form 214 that shows
"257-XX-XXXX."
4. Army Regulation 635-5 (Separation Documents), then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. It provided for the entry of the Soldier's SSAN in item 3.
5. A review of the SSAN card provided by the applicant shows his SSAN to be "263-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his SSAN as "263-XX-XXXX."
2. The available evidence clearly shows that the applicant's SSAN at the time he entered the Regular Army was 263-XX-XXXX. However, his separation orders and DD Form 214 were incorrectly prepared by showing an SSAN of 257-XX-XXXX.
3. In view of the above, the applicant's DD Form 214 should be corrected to read "263-XX-XXXX."
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 showing "263-XX-XXXX" in item 3 of his DD Form 214.
_______ 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) AR20100029618
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ABCMR Record of Proceedings (cont) AR20100029618
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