IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110004750
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 as "XXX-XX-XXX3" instead of "XXX-XX-XXX6."
2. The applicant states the last digit of his social security number is incorrect on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and 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. Records show the applicant was inducted in the Army on 25 October 1966. He completed training and was awarded military occupational specialty 72B30 (Communications Center Specialist). He was honorably released from active duty on 17 October 1968 and was credited with 1 year, 11 months, and 23 days of active service.
3. A review of documents contained in his military personnel records shows his social security number consistently appears as "XXX-XX-XXX3" throughout his tenure of service.
4. Item 3 (Social Security Number) of his DD Form 214 shows his social security number as "XXX-XX-XXX6."
5. The applicant provides a copy of his social security card, which shows his social security number as "XXX-XX-XXX3."
6. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
7. Army Regulation 600-2 (Name and Birth Data, and SSN) specifies that a
DD Form 1343 (Notification of Change in Service Member's Official Records) will generally be issued to identify correction to other documents in the official military personnel file.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number as "XXX-XX-XXX3" was carefully considered and determined to have merit.
2. The evidence from the Social Security Administration shows his social security number is "XXX-XX-XXX3." Additionally, his social security number consistently appears as "XXX-XX-XXX3" in his military personnel records. Therefore, he is entitled to have his DD Form 214 corrected to show his social security number as "XXX-XX-XXX3."
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 his DD Form 214 to show his social security number as
"xxx-xx-xxx3."
________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) AR20110004750
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ABCMR Record of Proceedings (cont) AR20110004750
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