IN THE CASE OF:
BOARD DATE: 1 September 2011
DOCKET NUMBER: AR20110003187
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 item 3 (Social Security Number (SSN)) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show SSN XXX-XX-X9XX instead of XXX-XX-X7XX.
2. The applicant states he had never used his DD Form 214 for identification purposes until he applied for social security benefits. He adds that he was in a hurry to be separated and did not see the error.
3. The applicant provides a Social Security Administration printout.
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. His military records show he enlisted in the Regular Army on 3 February 1967.
3. His DD Form 4 (Enlistment Record), U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 01-1017117 discharging him from the Standby Reserve, his Military Personnel Records Jacket, and nearly all other documents in his records containing an SSN show his SSN as XXX-XX-X9XX.
4. The DD Form 214 he was issued for this period shows he was released from active duty on 19 October 1969. This DD Form 214; his DA Form 20 (Enlisted Qualification Record); and Headquarters, U.S. Army Personnel Center Special Orders Number 292, dated 19 October 1969, releasing him from active duty show his SSN as XXX-XX-X7XX.
5. The Social Security Administration printout provided by the applicant shows his SSN as XXX-XX-X9XX.
6. Army Regulation 635-5 (Separation Documents) is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. His DD Form 4, U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 01-1017117, his Military Personnel Records Jacket, and nearly all other documents in his records containing an SSN show his SSN as XXX-XX-X9XX. The Social Security Administration printout he provided shows his SSN as XXX-XX-X9XX.
2. His DA Form 20 shows his SSN as XXX-XX-X7XX. It appears that the SSN reflected on his DD Form 214 was taken from his DA Form 20, which it appears was transcribed in error, perpetuating the error on his DD Form 214 and the orders releasing him from active service. As such, it would be appropriate to correct this DD Form 214 to show his SSN as XXX-XX-X9XX.
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 the DD Form 214 of the individual concerned be corrected by deleting the entry in item 3 and adding XXX-XX-X9XX.
___________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) AR20110003187
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