IN THE CASE OF:
BOARD DATE: 23 August 2011
DOCKET NUMBER: AR20110002587
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) for the period ending 3 October 1969 to show his social security number (SSN) as "xx7-xx-xxxx" instead of
"xx6-xx-xxxx."
2. He states that a typographical error resulted in the incorrect SSN being entered on his DD Form 214. He needs this error corrected for his personal records.
3. He provides his:
* DD Forms 214 for the period ending 1 September 1966 and 3 October 1969
* Honorable Discharge Certificate, dated 24 August 1972
* 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. A review of documents contained in his military personnel record shows his SSN consistently appears as "xx7-xx-xxxx" throughout his tenure of service.
3. Item 32 (Remarks) of his DD Form 214 for the period ending 1 September 1966 shows his SSN as "xx7-xx-xxxx."
4. Item 3 (SSN) of his DD Form 214 for the period ending 2 October 1969 shows his SSN as "xx6-xx-xxxx."
5. He provides a copy of his social security card, issued by the U.S. Social Security Administration, showing his SSN as "xx7-xx-xxxx."
6. He also provides a copy of his Honorable Discharge Certificate from the U.S. Army Reserve, dated 24 August 1972, that shows his SSN as "xx7xx7xxxx."
7. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. It stated, in pertinent part, that the complete name and social security number of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as "xx7-xx-xxxx" was carefully considered and determined to have merit.
2. His social security card shows his SSN as "xx7-xx-xxxx." Additionally, his SSN consistently appears as "xx7-xx-xxxx" in his military personnel record. As such, it appears the SSN on his DD Form 214 for the period ending 3 October 1969 was the result of a typographical error. Therefore, he is entitled to correction of this DD Form 214 to show his SSN as "xx7-xx-xxxx."
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 by corrected by deleting from item 3 of her DD Form 214 for the period ending 3 October 1969 the entry "xx6-xx-xxxx" and replacing it with the entry "xx7-xx-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) AR20110002587
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ABCMR Record of Proceedings (cont) AR20110002587
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