IN THE CASE OF:
BOARD DATE: 30 August 2011
DOCKET NUMBER: AR20110003910
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 the social security number (SSN) shown in Item 32 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending 22 February 1966.
2. He states the incorrect number on his DD Form 214 is x8x-xx-5040 and his correct SSN is x7x-xx-5949. The wrong SSN was typed on his DD Form 214. In effect, the typist typed a 7 for the second digit instead of an 8 and 0s for the seventh and ninth digits instead of 9s. At the time of his separation he did not read every form and thus signed the DD Form 214 with his SSN typed wrong. His DD Form 214 has been filed away for 46 years and he did not discover the error until he applied for benefits from the Department of Veterans Affairs.
3. He provides:
* 1963 and 1964 W-2s (Withholding Tax Statement)
* 1965 W-2 (Wage and Tax Statement)
* Letter from the Social Security Administration
* Letter from the Army Review Boards Agency, Case Management Division
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 applicants military records show he enlisted in the Regular Army on 25 February 1963. His SSN is not listed on his DD Form 4 (Enlistment Record Armed Forces of the United States). At the time of his entry on active duty, he was assigned and identified throughout his military service with an Army Serial Number, which began with the prefix RA for Regular Army.
3. A DA Form 41 (Record of Emergency Data) and DD Form 398 (Statement of Personal History), dated 9 April 1963, list his SSN as x8x-xx-5949.
4. His DA Form 20 (Enlisted Qualification Record) does not list his SSN.
5. He was honorably released from active duty on 22 February 1966 and was transferred to the U.S. Army Reserve. He was issued a DD Form 214 showing in Item 32 (Remarks) the SSN x7x-xx-5040.
6. In a letter, dated 2 June 2011, the Social Security Administration verified the applicants SSN was x8x-xx-5949 and had been assigned to him since April 1960 to the present.
DISCUSSION AND CONCLUSIONS:
1. The evidence of records confirms the second digit of the applicants SSN is an 8 and the seventh and ninth digits are 9s. It appears during the processing of his DD Form 214 a typographical error occurred when his SSN was entered in Item 32. Therefore, he is entitled to correction Item 32 on his DD Form 214 ending 22 February 1966 to show his SSN as x8x-xx-5949.
2. In view of the foregoing, his records should be corrected as recommended 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:
a. deleting the second digit of 7 and seventh and ninth digits of 0 of the social security number shown in Item 32 on the applicants DD Form 214; and
b. replacing the second digit with an 8 and seventh and ninth digits with 9s of the social security number.
__________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) AR20110003910
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ABCMR Record of Proceedings (cont) AR20110003910
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