BOARD DATE: 13 September 2011
DOCKET NUMBER: AR20110004406
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 "xxx-xx-x4xx" instead of "xxx-xx-x9xx."
2. He states the SSN listed on his DD Form 214 is incorrect.
3. He provides his:
* DD Form 214 for the period ending 3 October 1969
* Social Security Administration Printout, dated 28 February 2011
* 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 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. A review of documents contained in his military personnel record shows his SSN consistently appears as "xxx-xx-x4xx" throughout his tenure of service.
3. He provides a copy of his social security card, issued by the U.S. Social Security Administration and a printout from the Social Security administration, showing his SSN as "xxx-xx-x4xx."
4. Army Regulation 635-5 (Separation Documents), prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. It stated, that the complete name and social security number of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show his social security number (SSN) as "xxx-xx-x4xx" instead of "xxx-xx-x9xx."
2. His social security card shows his SSN as "xxx-xx-x4xx." Additionally, his SSN consistently appears as "xxx-xx-x4xx" in his military personnel record. As such, it appears the SSN on his DD Form 214 was the result of a typographical error. Therefore, he is entitled to correction of his DD Form 214 to show his SSN as "xxx-xx-x4xx."
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 the current entry from item 3 of his DD Form 214 and replacing it with the entry "xxx-xx-x4xx."
_______ _ 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) AR20110004406
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