IN THE CASE OF:	  

		BOARD DATE:	  12 July 2011

		DOCKET NUMBER:  AR20110000800 


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) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  He states his SSN is xxx-7x-xxxx, but his DD Form 214 incorrectly shows the SSN xxx-8x-xxxx.

3.  He provides his DD Form 214 and social security 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 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 Regular Army on 23 November 1966.  He was honorably released from active duty on 16 November 1969 and transferred to the U.S. Army Reserve (USAR) to complete his military service obligation.  He was honorably discharged from the USAR on 16 November 1972.  

3.  A DD Form 4 (Enlistment Record - Armed Forces of the United States) shows his service number as RA5xxxxxxx and his date of birth as 4 July 1947.  The form does not show his SSN.

4.  Special Orders Number 320, issued by Headquarters, U.S. Army Personnel Center, Oakland, CA, dated 16 November 1969, ordered his release from active duty and assigned him to the USAR.  The orders show his SSN as xxx-7x-xxxx.

5.  Letter Orders Number 10-1427839, issued by the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 18 October 1972, discharged him from the USAR.  The orders show his SSN as xxx-7x-xxxx.

6.  Item 1 (Name and Service Number) of his DA Form 20 (Enlisted Qualification Record) shows the service number RA5xxxxxxx and SSN xxx-7x-xxxx.  Item 6 (Date of Birth) shows 4 July 1947.

7.  His DD Form 214 shows in:

* item 2 (Service Number) - RA 5x xxx xxx
* item 3 (SSN) - xxx  8x  xxxx
* item 9 (Date of Birth) - 4 July 1947

8.  A review of his Official Military Personnel File (OMPF) shows his DD Form 214 is the only document bearing the SSN xxx-8x-xxxx.  All other documents bearing an SSN show xxx-7x-xxxx.  His OMPF does not contain a DA Form 2139 (Military Pay Voucher).  

9.  The social security card he provides shows the SSN xxx-7x-xxxx.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 contains guidance on the preparation of the DD Form 214.  The regulation in effect at the time provided that for item 3, transcribe the SSN from the DA Form 2139.  The regulation further provided that all available documents would be used as a basis for preparing the DD Form 214WS (Worksheet), the form used to collect data prior to completing the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of the SSN shown on his DD Form 214 is supported by the evidence.

2.  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.

3.  With the exception of his DD Form 214, all documents in his OMPF bearing an SSN show xxx-7x-xxxx, which matches the SSN on his social security card.

4.  The preponderance of evidence indicates the SSN shown on his DD Form 214 does not reflect the conditions and circumstances that existed at the time the record was created.  Accordingly, he is entitled to correction of his DD Form 214 to show the SSN xxx-7x-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 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 deleting xxx-8x-xxxx from item 3 of his DD Form 214 and adding xxx-7x-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)                                         AR20110000800





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ABCMR Record of Proceedings (cont)                                         AR20110000800



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