IN THE CASE OF:
BOARD DATE: 16 August 2011
DOCKET NUMBER: AR20110002352
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 the first four digits of his social security number (SSN) as "429-8" vice "492-5."
2. The applicant states his DD Form 214 shows the incorrect SSN.
3. The applicant provides his DD Form 214, social security card, and a letter from the Social Security Administration (SSA).
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's record shows he enlisted in the Regular Army on 27 April 1966 and he held military occupational specialty 76Y (Unit Supply Specialist).
3. The DD Form 398 (Statement of Personal History), dated 20 April 1966, that he completed in conjunction with his enlistment shows "429-8" as the first four digits of his SSN. He authenticated this form by placing his signature in the appropriate block.
4. A DA Form 3027 (U.S. Army Request for National Agency Check), dated 28 April 1966, shows "429-8" as the first four digits of his SSN.
5. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty shows "492-8" as the first four digits of his SSN. He authenticated this document by placing his signature in the appropriate block on 3 May 1966.
6. His DA Form 41 (Record of Emergency Data), dated 24 August 1968, shows "429-8" as the first four digits of his SSN. He authenticated this form by placing his signature in the appropriate block.
7. His records contain various forms and orders that list only his service number and not his SSN.
8. Special Orders Number 81, dated 22 March 1969, issued by Headquarters, 1st Air Cavalry Division, show he was assigned to the U.S. Army Transfer Station, Fort Lewis, WA. The first four digits of his SSN are listed as "492-8."
9. On 30 April 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve for completion of his remaining Reserve obligation. He completed 2 years, 11 months, and 26 days of creditable active service. Item 3 (SSN) of his DD Form 214 shows his SSN with the first four digits as "492-5."
10. The applicant provides a letter from the SSA, dated 3 January 2011, which indicates their records show the applicant was assigned an SSN with"429-8" as the first four digits.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant listed his SSN with "429-8" as the first four digits of his SSN when he completed documents in conjunction with his enlistment. His DA Form 3027 and DA Form 41 also show his SSN with "429-8" as the first four digits. Additionally, the SSA confirms their records show he was assigned an SSN with "429-8" as the first four digits.
2. It appears a clerical error was made when his DA Form 20 was created and the first four digits of his SSN were listed as "492-8." This error was compounded when his DD Form 214 was completed and the first four digits of his SSN were listed as "492-5."
3. In view of the foregoing, he is entitled to the requested relief.
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 the SSN in item 3 of his DD Form 214 and adding the SSN as it is shown on his social security card with "429-8" as the first four digits.
_______ _ _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) AR20110002352
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ABCMR Record of Proceedings (cont) AR20110002352
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