IN THE CASE OF:
BOARD DATE: 28 June 2011
DOCKET NUMBER: AR20100029975
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, in effect, correction of his social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states, in effect, the SSN shown on his DD Form 214 is "554-XX-XXXX," but his SSN is "379-XX-XXXX."
3. He provides copies of his social security card and his DD Form 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 was inducted into the Army of the United States on 26 April 1968. He was honorably released from active duty on 4 April 1970 and transferred to the U.S. Army Reserve (USAR) to complete his military service obligation. On 1 April 1974, he was honorably discharged from the USAR.
3. Item 17c (Remarks) of his DD Form 47 (Record of Induction) shows the SSN "379-XX-XXXX."
4. As part of his induction processing he completed a DD Form 398 (Statement of Personal History). In item 13 (Employment), the block for his SSN shows "379-XX-XXXX."
5. On 12 December 1968, Headquarters, 8th Infantry Division, issued Special Orders Number 347 which assigned two Soldiers, one of whom was the applicant, to Headquarters and Headquarters Detachment, 8th Signal Battalion. The orders show the SSN "554-XX-XXXX" for both the applicant and the other Soldier. A review of the applicant's official military personnel file shows this was the first appearance of that SSN associated with his name.
6. On 19 February 1970, Headquarters, 73rd Signal Battalion (Support), issued Special Orders Number 50, which ordered the applicant to report to Fort Lewis, WA, for separation processing. The orders show his SSN as "554-XX-XXXX."
7. On 4 April 1970, Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, issued Special Orders Number 94, which released him from active duty. The orders show his SSN as "379-XX-XXXX."
8. Item 1 (Name and Service Number) of his DA Form 20 (Enlisted Qualification Record) shows his name and service number, the SSN "554-XX-XXXX," and a handwritten entry of the SSN "379-XX-XXXX" which is lined through.
9. Item 3 (Social Security Number) of his DD Form 214 shows the SSN
"554-XX-XXXX."
10. On 20 March 1974, the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, issued Letter Orders Number 03-1081051 discharging him from the USAR effective 1 April 1974. The orders show his SSN as "379-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record supports the applicant's request for correction of his SSN shown on his DD Form 214.
2. When he entered service, his SSN was correctly recorded as "379-XX-XXXX." The evidence indicates SSN "554-XX-XXXX," which belonged to another Soldier, was erroneously recorded as the applicant's SSN in orders published in 1968. The error was carried forward in his record and as a result the incorrect SSN was recorded on his DD Form 214.
3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In this case, it is clear the applicant's SSN was "379-XX-XXXX" throughout his service. Therefore, he is entitled to correction of his DD Form 214 to show his SSN as "379-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 making the following corrections to item 3 of his DD Form 214:
* delete "554-XX-XXXX"
* add "379-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) AR20100029975
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100029975
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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