BOARD DATE: 13 September 2011
DOCKET NUMBER: AR20110004123
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 the Social Security Number (SSN) listed on his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.
2. The applicant states the fourth digit of the SSN listed in item 3 (Social Security Number) of his DD Form 214 is in error and should be the number 5 and not
"4" as is listed.
3. The applicant provides a discharge certificate and pay voucher in support of 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 applicants record shows he enlisted in the Regular Army on 6 December 1965. The Service Number (SN) was the primary identification number used by the Army at the time of the applicants enlistment. The DD Form 4 (Enlisted Record-Armed Forces of the United States) commonly referred to as the enlistment contract does not list an SSN. The record does contain a DD Form 398 (Statement of Personal History) prepared by the applicant on 5 August 1966. This document lists his SSN using the number 5 as the fourth digit in item 14 (Employment).
3. The DA Form 20 (Enlisted Qualification Record) prepared on him on 5 August 1966 lists his SSN using the number 5 as the fourth digit in item 1 (Name and Service Number (SN)).
4. All documents on file in the applicants Military Personnel Records Jacket (MPRJ) that list an SSN use the number 5 as the fourth digit. These documents include his separation orders, dated 8 October 1968; transfer to the United States Army Reserve (USAR) orders, dated 23 November 1968; and USAR discharge orders, dated 24 November 1971.
5. The DD Form 214 issued to the applicant upon separation on 23 November 1968 lists his SSN using the number 4 as the fourth digit in item 3.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 would be the primary source record for information entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct the SSN listed in item 3 of his
23 November 1968 DD Form 214 has been carefully considered and found to have merit.
2. The evidence of record confirms the applicant enlisted in and served under the SSN containing the number 5 as the fourth digit as he now claims is correct, as evidenced by the DD Form 398, DA Form 20, and orders and documents on file in his MPRJ. As a result, it is clear the SSN entry on the applicant's DD Form 214 containing the number "4" as the fourth digit of the SSN was the result of an administrative error. Therefore, it would be appropriate to correct this document accordingly.
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 amending item 3 of his 23 November 1968 DD Form 214 by replacing the fourth digit of the SSN listed in item 3 with the number "5."
_______ _ 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) AR20110004123
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