IN THE CASE OF:
BOARD DATE: 14 July 2011
DOCKET NUMBER: AR20110000242
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 the Social Security Number (SSN) entered in item 3 (SSN) of his 27 September 1969 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the number 1 instead of the number 6 was erroneously entered as the second digit of the SSN listed in item 3 of the DD Form 214 in question.
3. The applicant provides DD Forms 214, dated 27 September 1967 and
27 September 1969, and a SSN card in support of his application.
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 available evidence shows the applicant initially entered active duty in an enlisted status in the Regular Army on 4 November 1966. The DA Form 20 (Enlisted Qualification Record) prepared on him at the time lists his SSN using the number 6 as the second digit in item 1 (Name and Service Number (SN)). He served in this status until 27 September 1967, at which time he was honorably discharged in order to accept a commission. The DD Form 214 he was issued at the time lists his SSN using the number 6 as the second digit in item 3 (SSN).
3. On 28 September 1967, the applicant was commissioned a second lieutenant in the U.S. Army Reserve and entered an active duty status. The DA Form 66 (Officer Qualification Record) prepared upon his entry on active duty as a commissioned officer lists his SSN using the number 6 as the second digit in item 1 (Name and Service Number).
4. The vast majority of documents, including an SSN verification completed upon discontinuance of use of the SN, in the applicants Military Personnel Records Jacket (MPRJ) that contain an SSN lists the number 6 as the second digit.
5. Headquarters, U.S. Army Personnel Center, Fort Jackson, South Carolina, Special Orders Number 210, dated 11 September 1969, directed the applicants release from active duty on 27 September 1969. The applicants standard name line in these orders lists his SSN using the number 6 as the second digit.
6. The DD Form 214 issued to the applicant upon separation on 27 September 1969 lists his SSN using the number 1 as the second digit in item 3.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 66 of DA Form 20 would be the primary source record for information entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct the SSN listed in item 3 of his
27 September 1969 DD Form 214 has been carefully considered and found to have merit.
2. The evidence of record confirms the applicant entered active duty and served under the SSN containing the number 6 as the second digit as he now claims is correct, as evidenced by his DD Form 20, 1967 DD Form 214, and DA Form 66, along with the vast majority of documents contained in his MPRJ. As a result, it is clear the SSN entry on the applicant's 27 September 1969 DD Form 214 containing the number 1 as the second digit of the SSN was the result of an administrative error. Therefore, it would be appropriate to correct this document accordingly.
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 amending item 3 of his 27 September 1969 DD Form 214 by replacing the second digit of the SSN listed in item 3 with the number "6."
_______ _ 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.
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ABCMR Record of Proceedings (cont) AR20110000242
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