BOARD DATE: 20 September 2011
DOCKET NUMBER: AR20110005300
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-785x" instead of "xxx-xx-183x."
2. The applicant states his SSN is listed incorrectly on his DD Form 214.
3. The applicant provides:
* his DD Form 214
* his Social Security card
* a letter from the Social Security Administration (SSA), dated 4 January 2011
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 applicant's 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,
and has determined it is in the interest of justice to excuse the applicant's 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 23 December 1964 for a period of 3 years. He completed training and he was awarded military occupational specialty 71H (personnel specialist). He attained the rank/grade of specialist four (SP4)/E-4.
3. A majority of the documents contained in the applicant's record show a service number that he was issued at the time of his enlistment. However, his record contains a DD Form 398 (Statement of Personal History) that he completed on 23 January 1965. Item 13 (Employment) includes a block for the applicant's SSN which he completed with the entry "xxx-xx-785x."
4. His record also contains a DA Form 41 (Record of Emergency Data) that shows in item 9 (SSN) the entry "xxx-xx-785x."
5. He was honorably released from active duty as an overseas returnee on
12 October 1967. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. Item 3 (SSN) of his DD Form 214 shows the entry "xxx-xx-183x."
6. His USAR record contains various orders and other documents that contain his SSN. All of these documents show an SSN of "xxx-xx-785x" which he claims is his correct and only SSN.
7. The applicant provides a Social Security card and SSA letter that identifies his SSN as "xxx-xx-785x."
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's SSN with the social security number of record.
DISCUSSION AND CONCLUSIONS:
Records show the applicant's SSN was "xxx-xx-785x" at the time of his entry on active service and that the DD Form 214 he was issued at the time of his
separation contains an erroneous SSN entry. There are no other documents in his record, other than his DD Form 214, that contain the SSN of "xxx-xx-183x." Therefore, it would be appropriate at this time to correct the applicant's DD Form 214 to show his SSN as "xxx-xx-785x."
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 from item 3 of this DD Form 214 the entry "xxx-xx-183x" and replacing it with the entry "xxx-xx-785x."
__________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) AR20110005300
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ABCMR Record of Proceedings (cont) AR20110005300
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