IN THE CASE OF:
BOARD DATE: 11 October 2011
DOCKET NUMBER: AR20110004294
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 "2XX-7X-6XXX" vice "3XX-2X-5XXX."
2. The applicant states, in effect, the wrong SSN is shown on his DD Form 214.
3. The applicant provides his DD Form 214, an earnings statement, and a medicare health insurance 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 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's records show he enlisted in the Regular Army (RA) on 12 September 1966 and he held military occupational specialty 63C (General Vehicle Repairman).
3. In conjunction with his enlistment, he completed a DD Form 398 (Statement of Personal History), dated 11 September 1966, wherein he listed his SSN as
"2XX-7X-6XXX." He authenticated this form by placing his signature in the appropriate block.
4. His DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 12 September 1966, does not list his SSN. However, it shows his selective service registration number as "3X-X2-X5-XXX."
5. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN as "3XX-2X-5XXX."
6. A DA Form 3027 (U.S. Army Request for National Agency Check), dated 14 September 1966, shows his SSN as "2XX-7X-6XXX."
7. His records contain numerous personnel, finance, medical, and legal documents including a Record of Emergency Data, assignment orders, and various other orders that show his SSN as "2XX-7X-6XXX."
8. He was honorably released from active duty on 11 September 1969 and transferred to the U.S. Army Reserve. He completed 3 years of creditable active service. Item 3 (SSN) of his DD Form 214 shows his SSN as "3XX-2X-5XXX."
9. The applicant provides an earnings statement and a medicare health insurance card both of which list an individual with the same full name as the applicant and SSN "2XX-7X-6XXX."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant listed his SSN as "2XX-7X-6XXX" upon enlistment in the RA. This is the SSN he used throughout his period of military service. It appears when his DA Form 20 was created his selective service registration number was erroneously entered as his SSN. This error was compounded when his DD Form 214 was completed using this erroneous SSN.
2. Therefore, he is entitled to the requested relief. His DD Form 214 should be corrected by entering the SSN that is listed on his DA Form 3027 that was completed when he entered the military.
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:
* deleting the SSN from item 3 of his DD Form 214
* adding SSN "2XX-7X-6XXX" as it is listed on his DA Form 3027
_______ _ _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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