IN THE CASE OF:
BOARD DATE: 13 September 2011
DOCKET NUMBER: AR20110004691
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the last digit of his Social Security Number (SSN) as 9.
2. The applicant states, in effect, that his DD Form 214 incorrectly reflects in block 32 (Remarks) that the last digit of his SSN is a 4 when in fact it is a 9.
3. The applicant provides a copy of his DD Form 214, his Social Security Card and a printout from the Social Security Administration confirming the last digit of his SSN is a 9.
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 enlisted in the Regular Army on 20 October 1969 for a period of 3 years. At the time of his enlistment he was issued a Regular Army Service Number as SSNs were not used for identification purposes at that time. However, his service records show all of the documents that contain his SSN list the last digit as a 9.
3. He completed basic training at Fort Knox, Kentucky and advanced individual training at Fort McClellan, Alabama. He remained at Fort McClellan for his first duty assignment until 17 September 1963 when he was transferred to Fort Hood, Texas.
4. On 28 May 1964, he was honorably released from active duty due to the expiration of his term of service. He had served 3 years, 7 months, and 9 days of active service and his DD Form 214 reflects in block 32 that the last digit of his SSN is a 4.
5. On 1 July 1969, the Army discontinued the issuance and use of the Army Service Number and began using the SSN for identification. Prior to 1 July 1969, service members were not required to maintain an SSN in their records; however, they were usually recorded when provided by the individual Soldier.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 incorrectly reflects a 4 as the last digit of his SSN has been considered and was found to have merit. All of the documents contained in the applicants records which list an SSN show the last digit as a 9.
2. Therefore, it is reasonable to presume that an administrative error resulted in his SSN being incorrectly reflected on his DD Form 214 as having a 4 in the last digit.
3. Accordingly, his DD Form 214 should be corrected to show the last digit of his SSN in block 32 is a 9.
BOARD VOTE:
___X____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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:
a. deleting the SSN in block 32 of his DD Form 214; and
b. adding SSN xxx-xx-xxx9.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20110004691
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ABCMR Record of Proceedings (cont) AR20110004691
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