BOARD DATE: 30 August 2011
DOCKET NUMBER: AR20110004112
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 records to show his social security number (SSN) as "XXX-58-XXXX."
2. The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) incorrectly shows his SSN as "XXX-78-XXXX," most likely due to a typographical error. He needs his records corrected for Department of Veterans Affairs (VA) benefits.
3. The applicant provides a copy of his social security card.
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 applicant's 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 applicant's 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 24 June 1968. His induction document does not contain an SSN. He served on active duty for 3 days and enlisted in the Regular Army (RA) on 27 June 1968. His RA enlistment documents do not include an SSN.
3. His DD Form 214 for the period ending 26 June 1968 shows his SSN as
"XXX-674-XXX" and an Army service number of "USXX674XXX."
4. He completed training and was awarded military occupational specialty 76W (Petroleum Storage Specialist). He served in Vietnam from 8 December 1968 through 7 December 1969.
5. On 28 August 1971, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). His separation orders show his SSN as "XXX-58-XXXX."
6. With the exception of the applicant's two DD Forms 214, all of the documents in his record show his SSN as "XXX-58-XXXX."
7. The applicant's DA Form 20 (Enlisted Qualification Record) shows his SSN as "XXX-58-XXXX" and several awards not shown on his DD Forms 214.
8. His DD Form 214 for the period ending 28 August 1971 shows his SSN as "XXX-58-83XX" and lists his awards as the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).
9. The social security card shows the applicant was assigned SSN
"XXX-58-XXXX."
10. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states the DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance. Personnel preparing the DD Form 214 are to ensure all information is accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant states his DD Form 214 incorrectly shows his SSN as
"XXX-78-83XX" due to a typographical error. He needs his records corrected for VA benefits.
2. His DD Form 214 for the period ending 26 June 1968 shows his SSN as "XXX-674-XXX." This number does not match either his later DD Form 214 or his social security card and appears to be a combination of his SSN and his Army service number.
3. His second DD Form 214 shows his SSN as "XXX-58-XXXX" which is not recorded anywhere else in his records.
4. With the exception of the two DD Forms 214, all available evidence shows the applicant's SSN as "XXX-58-XXXX." Therefore, it is reasonable to presume that SSN "XXX-58-XXXX" is his correct SSN and both of his DD Forms 214 should be corrected to show this number.
BOARD VOTE:
____x____ __x______ ___x__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 showing the applicant's SSN as "XXX-58-XXXX" on his DD Forms 214 for the periods ending 26 June 1968 and 28 August 1971.
___________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.
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