IN THE CASE OF:
BOARD DATE: 2 June 2011
DOCKET NUMBER: AR20110000934
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his Social Security Number (SSN) as xxx-x6-xxxx instead of xxx-x1-xxxx.
2. The applicant states the SSN listed in item 3 (SSN) of his DD Form 214 is incorrect.
3. The applicant provided his:
* DD Form 214
* Social Security Card
* Driver's License
* Honorable Discharge Certificate
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 applicant was inducted into the Army of the United States on 25 May 1966. The primary identification number used at the time was the Service Number (SN) which is the number listed on his DD Form 47 (Record of Induction).
3. Item 1 (Name and SN) of the applicant's DA Form 20 (Enlisted Qualification Record) which was prepared upon his entry on active duty, dated 1 June 1966, shows his SSN as xxx-x1-xxxx. This document contains his signature.
4. Item 9 (SSN) of the applicant's DA Form 41 (Record of Emergency Data), dated 22 September 1967, shows his SSN as xxx-x1-xxxx. This document contains his signature.
5. Item 2 (SSN) of the applicant's Fort Dix (FD) Form 0459, undated, shows his SSN as xxx-x1-xxxx. The document contains his signature.
6. Special Orders Number 157, issued by Headquarters, U.S. Army Personnel Center, Fort Dix, NJ, dated 5 June 1968, released the applicant from active duty effective 5 June 1968. These orders show his SSN as xxx-x1-xxxx.
7. On 5 June 1968, the applicant was honorably release from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. The DD Form 214 he was issued at the time shows his SSN as xxx-x1-xxxx.
8. On 14 September 1968, subsequent to the applicant's transfer to the USAR, a U.S. Army Administration Center (USAAC) Form 170 (Army Reserve Personnel Data Review) was prepared and verified by the applicant. This document shows in part:
A. DATA ITEM
B. INFORMATION NOW ON FILE
C. MAKE NECESSARY
CORRECTION OR CHANGE
1. SOCIAL SECURITY
ACCOUNT NO
6
xxx-x1-xxxx
6
9. This form further shows the applicant's records were coded on 24 December 1968 to show his correct SSN. However, there is no evidence that shows his
DD Form 214 was corrected to reflect this correction. All subsequent orders in his record show his correct SSN.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the SSN listed in item 3 of his DD Form 214 is incorrect has been carefully considered and found to have merit.
2. The evidence of record confirms the applicant's SSN is correctly listed on all documents and forms contained in his record after 24 December 1968. As a result, it would be appropriate to correct item 3 of DD Form 214 to show his correct SSN.
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 deleting from item 3 of his DD Form 214 the entry "xxx-x1-xxxx" and replacing it with the entry "xxx-x6-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) AR20110000934
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ABCMR Record of Proceedings (cont) AR20110000934
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