BOARD DATE: 30 June 2011
DOCKET NUMBER: AR20100030393
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 "XXX-XX-0238."
2. The applicant states his DD Form 214 shows an incorrect SSAN containing only eight numbers.
3. The applicant provides copies of his DD Form 214, orders and certificate of discharge from U.S. Army Reserve (USAR), Social Security Summary Statement of Earnings, 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 24 November 1965, the applicant was inducted into the Army of the United States (AUS). He was assigned a U.S. service number which he used throughout his period of active service as his identification number.
3. The applicant's records contains a:
a. DA Form 3027 (U.S. Army Request for National Agency Check), dated
15 February 1966, that shows his SSAN as XXX3-XX-0238.
b. DA Form 20 (Enlisted Qualification Record) that shows his SSAN as
XXX-XX-0238.
c. DA Form 41 (Record of Emergency Data) that shows his SSAN as
XXX-XX-0238.
d. DD Form 214, item 3 (Social Security Number), that shows his SSAN as
"XXX-XX-290."
e. Letter Orders Number 11-1267625, dated 10 November 1971, that shows he was discharged from the USAR using SSAN XXX-XX-0238.
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 Social Security Summary Statement of Earnings and the applicant's SSAN card shows his SSAN as "XXX-XX-0238."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his SSAN as "XXX-XX-0238."
2. The available evidence clearly shows at the time of induction into the AUS he used SSAN XXX-XX-0238 and he continued to use this SSAN throughout his period of military service. However, his DD Form 214 erroneously shows his SSAN as XXX-XX-290.
3. In view of the above, the applicant's DD Form 214 should be corrected to show SSAN "XXX-XX-0238."
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 from item 3 of his DD Form 214 SSAN "XXX-XX-290" and adding SSAN "XXX-XX-0238."
_______ _ 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) AR20100030393
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ABCMR Record of Proceedings (cont) AR20100030393
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