IN THE CASE OF:
BOARD DATE: 25 August 2011
DOCKET NUMBER: AR20110004067
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 "xx9-xx-xxxx" instead of "xx0-xx-xxxx."
2. The applicant states his correct SSN does not match his DD Form 214.
3. The applicant provides:
* His DD Forms 214
* His Medicare health insurance card
* Page 1 of a DD Form 398 (Statement of Personal History)
* A transmittal letter from the Office of the County Veterans Service Officer, Bellaire, OH, dated 18 February 2011
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 6 October 1965. He was trained in and awarded military occupational specialty 12B (combat engineer). At the time, the applicant was issued service number
US 5x xxx xx9.
3. A review of documents contained in his official military personnel file (OMPF) shows his service number was used consistently throughout his tenure of service. The only documents located within his record reflecting an SSN of
xx9-xx-xxxx, are:
* his DD Form 398, dated 24 September 1965
* a DA Form 41 (Record of Emergency Data), dated 23 August 1966
* his DD Form 214
* Letter Order Number 09-1208548, dated 22 September 1971, honorably discharging him from the U.S. Army Reserve (USAR)
4. The applicant was honorably released from active duty on 17 September 1967 as an overseas returnee. He was transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation. Item 3 (SSN) of his DD Form 214 shows the entry "xx0-xx-xxxx."
5. The applicant provides a copy of his Medicare health insurance card that shows his SSN as "xx9-xx-xxxx" and a copy of his DD Form 214 that shows his SSN as "xx0-xx-xxxx."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's social security number with the social security number of record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to have his DD Form 214 corrected to show a correct SSN was carefully considered and determined to have merit.
2. Evidence of record shows that all documents contained in the applicant's OMPF that reflect an SSN, except his DD Form 214, show his SSN as
"xx9-xx-xxxx." As such, it appears that an administrative error occurred when preparing the applicant's DD Form 214. Therefore, his DD Form 214 should be corrected to show his SSN as "xx9-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 be corrected by deleting from item 3 of his DD Form 214 the entry "xx0-xx-xxxx" and replacing it with the entry "xx9-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) AR20110004067
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ABCMR Record of Proceedings (cont) AR20110004067
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