BOARD DATE: 13 October 2011
DOCKET NUMBER: AR20110005422
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 the last four numbers of his social security number (SSN) as "9445" instead of "9945."
2. The applicant states the last four digits of his SSN are incorrectly shown on his DD Form 214 covering the period 13 February 1970 to 10 May 1972.
3. The applicant provides:
* Social Security Administration (SSA) SSN Printout
* 10 May 1972 and 20 September 1975 DD Forms 214
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 records contain the DD Form 4 (Enlistment Contract - Armed Forces of the United States) prepared on him during his initial enlistment processing. It lists the last four of his SSN as "9445."
3. He enlisted in the Regular Army on 13 February 1970. The DA Form 2-1 (Personnel Qualification Record) prepared upon his entry on active duty list the last four numbers of his SSN as "9445." The majority of all other documents on file in his official military personnel file (OMPF) list "9445" as the last four numbers of SSN.
4. On 10 May 1972, the applicant was honorably released from active duty. The DD Form 214 issued him at that time list the last four numbers of his SSN as "9945."
5. The applicant provides a Social Security Administration SSN printout dated 7 April 2010. It lists his SSN showing "9445" as the last four numbers.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that the SSN listed on his 10 May 1972 DD Form 214 is incorrect has been carefully considered and found to have merit. The evidence of record clearly shows the SSN listed on the DD Form 214 in question is different from the SSN listed on his enlistment contract, DA Form 20, and the majority of all documents maintained in his OMPF. The Social Security Administration further confirms the last four digits of his SSN are "9445." As a result, it would be appropriate to correct his DD Form 214 accordingly.
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 amending item 3 of his DD Form 214 issued on 10 May 1972 by deleting the current entry and replacing it with the entry "XXX-XX-9445" as shown in item 2 of his DA Form 2-1; and 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.
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