IN THE CASE OF:
BOARD DATE: 6 September 2011
DOCKET NUMBER: AR20110003472
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 4xx-6x-4xxx instead of 2xx-3x-5xxx.
2. The applicant states his SSN was entered incorrectly.
3. The applicant provides an SSN printout from the Social Security Administration, dated 15 February 2011, and his Social Security Card. He also indicated he was sending a statement for his Teachers Credit Union account; however, this document was not received with 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 enlisted in the Regular Army on 28 April 1966 for a period of
3 years. He attained the rank/grade of specialist four (SP4)/E-4.
3. The applicant's record contains a DA Form 3027 (U.S. Army Request for National Agency Check), dated 28 April 1966, that shows his SSN as
4xx-6x-4xxx.
4. His DA Form 20 (Enlisted Qualification Record) shows his SSN as
4xx-6x-4xxx.
5. Special Orders Number 276, issued by Headquarters, 169th Engineer Battalion, dated 12 October 1968, reassigned the applicant to U.S. Army Vietnam Returnee Detachment for further assignment to the U.S. Army Transfer Station, Oakland, CA for separation processing. These orders show his SSN as
4xx-6x-4xxx.
6. Special Orders Number 338, issued by the same headquarters, dated
14 December 1968, amended so much of Special Orders Number 276 to amend the applicant's reporting date, effective date of change of strength accountability (EDCSA), and date eligible for return from overseas (DEROS). These orders further show:
a. the applicant's SSN on these orders show his SSN as 4xx-6x-4xxx, which is the same SSN as shown on the basic order, and
b. amendment of another Soldier's orders pertaining to SP4 J--- W. C-------, with an SSN of 2xx-3x-5xxx.
7. On 24 December 1968, the applicant was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. Item 3 (SSN) of his DD Form 214 shows the entry 2xx-3x-5xxx, which is the SSN belonging to SP4 J--- W. C-------, as shown on Special Orders Number 338.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his social security number as 4xx-6x-4xxx instead of 2xx-3x-5xxx.
2. The evidence of record clearly shows the applicant's SSN as 4xx-6x-4xxx. Furthermore, it appears the error was caused by a simple misreading of a set of amendment orders.
3. The Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
4. In view of the foregoing, the applicants DD Form 214 should be corrected as indicated below.
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 "2xx-3x-5xxx" and replacing it with the entry "4xx-6x-4xxx."
___________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) AR20110003472
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ABCMR Record of Proceedings (cont) AR20110003472
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