BOARD DATE: 11 August 2011
DOCKET NUMBER: AR20110003120
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 correct Social Security Number (SSN).
2. The applicant states, in effect, the SSN listed in item 3 (SSN) of his
DD Form 214 erroneously shows the entry "xxx-xx-4xxx" instead of
"xxx-xx-5xxx."
3. The applicant provides his DD Form 214 in support of his application.
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
14 September 1965. He was assigned a Service Number (SN), which was used by the Army at the time as the primary identification number.
3. All orders and documents containing an identification number on file in the applicants Military Personnel Records Jacket (MPRJ) list the SN with the exception of the following four documents:
* DD Form 398 (Statement of Personal History), dated 14 September 1965
* DA Form 3027 (U.S. Army Request for National Agency Check), dated
16 December 1966
* U.S. Army Reserve Components Personal and Administration Center (RCPAC) Letter Orders Number 06-1133853, dated 13 June 1973.
4. The documents identified in the preceding paragraph list the applicants SSN as "xxx-xx-5xxx."
5. On 4 July 1967, the applicant was honorably released from active duty, in the rank/grade of specialist four (SP4)/E-4, after completing 1 year, 9 months, and
total active service. Item 3 of the DD Form 214 he was issued shows the entry "xxx-xx-4xxx."
6. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 (Enlisted Qualification Record) and documents and orders in the MPRJ would be the source records for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for correction of the SSN listed in item 3 of his
DD Form 214 has been carefully considered and found to have merit.
2. The evidence of record confirms the applicant entered active duty and he served primarily using an SN as the primary identification number. However, the few documents contained in his MPRJ (DD Form 398, DA Form 3027, and USAR discharge orders) that do list an SSN show "xxx-xx-5xxx," the number he now claims is correct. As a result, it is clear the SSN entry on the applicant's
DD Form 214 is incorrect as a result of an administrative error. Therefore, it would be appropriate to correct this document accordingly.
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-xx-4xxx" and replacing it with the entry "xxx-xx-5xxx."
_________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) AR20110003120
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ABCMR Record of Proceedings (cont) AR20110003120
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