IN THE CASE OF:
BOARD DATE: 2 August 2011
DOCKET NUMBER: AR20110002165
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 social security number (SSN) as "xxx-xx-69xx" instead of "xxx-xx-64xx."
2. The applicant states the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides a copy of a 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. Prior to his induction, the applicant completed a DD Form 398 (Statement of Personal History) and listed his "SSN" as "xxx-xx-69xx." He authenticated this form by placing his signature in the appropriate block.
3. He was inducted into the Army of the United States on 4 December 1968. His DD Form 47 (Record of Induction) shows his serial number; it does not show his SSN.
4. His DA Form 20 (Enlisted Qualification Record) that was created upon his entrance into the Army shows the same "SSN" as that shown on his DD Form 398. He reviewed this form and authenticated it by placing his signature in the appropriate block.
5. His records contain various personnel and medical documents, including promotion, reassignment, award, and separation orders; security termination statement, physical and mental status evaluation, personal clothing record, DD Form 1584 (National Agency Check Request); fingerprints card, life insurance election certificate, a record of emergency data, wherein he listed his SSN or his SSN was listed as "xxx-xx-69xx." He authenticated several of these documents by placing his signature in the appropriate block.
6. He was honorably released from active duty on 3 December 1970 and he was transferred to a U.S. Army Reserve Control Group to complete his remaining service obligation. Item 3 (SSN) of his DD Form 214 shows his "SSN" as "xxx-xx-64xx" (the number "4" instead of the number "9" in the seventh digit).
7. He submitted a copy of a social security card that contains his name and the SSN of "xxx-xx-69xx."
8. Army Regulation 635-5 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. In pertinent part it states that the DD Form 214 is a synopsis of the Soldiers 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows upon induction into the Army of the United States, the applicant listed his SSN with the number "9" in the seventh digit. He consistently used this SSN throughout his entire period of military service. He authenticated several documents by placing his signature in the appropriate blocks, indicating this was his correct "SSN." It appears his DD Form 214 inadvertently listed the number "4" in the seventh digit. Therefore, he is entitled to correction of his DD Form 214 to show the 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 32 of his DD Form 214 the entry"xx-xx-64xx"
* adding to item 32 of his DD Form 214 the entry "xxx-xx-69xx"
_______ _ __X_____ ___
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20110002165
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110002165
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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