IN THE CASE OF:
BOARD DATE: 12 July 2011
DOCKET NUMBER: AR20110001314
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 (Report of Separation from Active Duty) to show his social security number (SSN) as "0xx-xx-x4x2" instead of "4xx-xx-x2x4."
2. The applicant states his DD Form 214 cannot be found because of a typographical error for it has the wrong SSN.
3. The applicant provides a copy of his Honorable Discharge Certificate and his 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 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 enlisted in the Regular Army on 19 July 1967 for a period of 3 years. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows in item 1 (Service Number/SSN) the entry "RA11-xxx-xxx." Item 39 (Remarks) contains the entry "SSAN 0xx-xx-x4x2." He completed his initial entry training and he was awarded military occupational specialty 62E (Heavy Equipment Operator).
3. Item 1 (Name and Service Number) of his DA Form 20 (Enlisted Qualification Record) shows his SSN as "0xx--xxx-x4x2." His DD Form 1584 (National Agency Check Request) also shows his SSN as "0xx-xx-x4x2." This SSN was used throughout his service record and in the publication of official orders.
4. The applicant was honorably released from active duty on 28 April 1970 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. Item 3 of his
DD Form 214 shows the entry "4xx-xx-x2x4."
5. The applicant provided a copy of his Honorable Discharge Certificate that shows his SSN as "4xx-xx-x2-4" and his Social Security card that shows his SSN as "0xx-xx-x4x2."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states, in pertinent part, that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
7. Army Regulation 635-5, in effect at the time, states that for item 3, check records with the separating Soldier's social security card when possible. Otherwise, verify the accuracy of the SSN in his official record.
DISCUSSION AND CONCLUSIONS:
The applicant's military personnel service record confirms his SSN as
"0xx-xx-x4x2" when he enlisted in the Regular Army based on his initial enlistment contract. All other official documents in his available record also show his SSN as "0xx-xx-x4x2." Therefore, it would be appropriate to correct his
DD Form 214 and issue him a corrected Honorable Discharge Certificate to show his SSN as "0xx-xx-x4x2."
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:
a. deleting from item 3 of his DD Form 214 the entry "4xx-xx-x2x4" and replacing it with the entry "0xx-xx-x4x2" and
b. issuing him a new Honorable Discharge Certificate with the correct SSN of "0xx-xxx-x4x2."
_______ _ 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) AR20110001314
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ABCMR Record of Proceedings (cont) AR20110001314
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