IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110005376
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 "298-XX-XXXX" instead of his Army service number (ASN) of "943-XX-XXXX."
2. The applicant states his ASN was listed on his DD Form 214 as his SSN. His service record will confirm his ASN as "943-XX-XXXX" and his SSN as
"298-XX-XXXX."
3. The applicant provides:
* DD Form 214
* two Veterans Service Commission letters
* DD Form 47 (Record of Induction)
* discharge orders
* DA Form 20 (Enlisted Qualification Record)
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, 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's military record contains the DD Form 47 that was prepared during his enlistment processing. It includes the following entries in the items indicated:
* item 2 (Service Number) "943XXXXXX" (this number is actually a temporary identification number (TIN))
* item 17 (Findings) "SSN 298 XX XXXX"
3. On 24 July 1969, the applicant was inducted into the Army of the United States. With the exception of his DD Form 47, his DA Form 20, all orders, and all other documents on file in his official military personnel file (OMPF) prepared throughout his active duty military service list his ASN/TIN as his SSN.
4. On 21 May 1971, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows item 2 (Service Number) is blank and lists "943-XX-XXXX" in item 3 (SSN).
DISCUSSION AND CONCLUSIONS:
1. Although the applicant primarily performed his military service under ASN/TIN "943-XX-XXXX," his DD Form 47 prepared at the onset of his military service confirms this number was his ASN/TIN and lists his SSN as "298-XX-XXXX." It appears the applicant's ASN/TIN was incorrectly listed as his SSN on his record documents throughout his military service. Therefore it would be appropriate to correct item 3 of his DD Form 214 at this time.
2. A copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion regarding the different SSN recorded in his military record.
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:
a. amending item 3 of his DD Form 214 by changing his SSN to
"228-XX-XXXX" and
b. issuing him a correction to his DD Form 214 that includes 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) AR20110005376
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ABCMR Record of Proceedings (cont) AR20110005376
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