IN THE CASE OF:
BOARD DATE: 25 August 2011
DOCKET NUMBER: AR20110004666
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 the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending 31 October 1971.
2. He states, in effect, the SSN on his 1971 DD Form 214 contains a 4 and an 8 as the seventh and eighth digits and it should be transposed to show an 8 and a 4. The last four digits of his SSN are 0840. The correct SSN is needed to apply for Federal and veteran benefits. He never realized the error until the Department of Veterans Affairs returned it to him because the numbers did not match.
3. He provides:
* DD Form 214
* Social Security Card
* U.S. Uniform Services Identification Card
* Medicare Health Insurance Card
* Letter from the Social Security Administration
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 military records show he enlisted in the Regular Army on 1 August 1950. His SSN is not listed on his DD Form 4 (Enlistment Record United States). At the time of his entry on active duty, he was assigned and identified throughout his military service with an Army Serial Number, which began with the prefix RA for Regular Army. He was honorably discharged on 31 July 1953. The DD Form 214 he was issued did not list his SSN.
3. He again enlisted in the Regular Army on 26 June 1954.
4. His record contains a DD Form 398 (Statement of Personal History), dated 30 January 1964, which shows the last four digits of his SSN as 0840.
5. He served continuously on active duty through several reenlistments until he was honorably released from active duty on 10 June 1969 for the purpose of immediate reenlistment. He was issued a DD Form 214 showing in Item 3 (SSN) the seventh and eighth digits of his SSN as an 8 and a 4.
6. He again reenlisted in the Regular Army on 11 June 1969. His DD Form 4 (Enlistment Contract Armed Forces of the United States) does not list his DD Form 214. He continued to be identified with his assigned Army Serial Number. He was honorably discharged on 31 October 1971 and was transferred to the Retired Reserve. Item 3 (SSN) of his DD Form 214 shows the seventh and eighth digits of his SSN as a 4 and an 8.
7. His retirement letter orders and DA Form 3713 (Data for Retired Pay) show the last four digits of his SSN as 0840.
8. The Social Security Administration verified the SSN listed on his Social Security Card was issued to the applicant beginning with September 1945 and it was the only number he had ever been issued.
DISCUSSION AND CONCLUSIONS:
1. The evidence of records confirms the seventh and eighth digits of the applicant's SSN are an 8 and a 4. Therefore, he is entitled to correction his DD Form 214 ending 31 October 1971 to show the last four digits of his SSN as 0840.
2. In view of the foregoing, his records should be corrected as recommended below.
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 seventh and eighth digits of 4 and 8 of the social security number shown in Item 3 on the applicants DD Form 214 ending 31 October 1971 and replacing it with an 8 and a 4 and by providing him a document showing this change.
_______ _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) AR20110004666
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ABCMR Record of Proceedings (cont) AR20110004666
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