IN THE CASE OF:
BOARD DATE: 14 September 2011
DOCKET NUMBER: AR20110005495
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) with the last digit as "1" vice "7."
2. The applicant states his SSN on his DD Form 214 is wrong.
3. The applicant provides copies of his DD Form 215 (Correction to 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 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 records show he enlisted in the Regular Army (RA) on 3 August 1965 and he held military occupational specialty 11B (Light Weapons Infantryman).
3. The DD Form 398 (Statement of Personal History), dated 29 July 1965, completed in conjunction with his enlistment shows he listed his SSN with the last digit as "1." He authenticated this form by placing his signature in the appropriate block.
4. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN with the last digit as "1."
5. His records contain various forms and orders that list only his Army service number and not his SSN.
6. Special Orders Number 61, dated 26 March 1968, issued by Headquarters, Fort McPherson, released him from active duty and assigned him to the U.S. Army Reserve. His SSN is listed with the last digit as "1."
7. He was honorably released from active duty on 26 March 1968. He completed 1 year, 9 months, and 21 days of creditable active service.
8. Item 3 (Social Security Number) of the DD Form 214 he was issued shows his SSN with the last digit as "7."
9. A DD Form 215, dated 14 May 2009, corrected his DD Form 214 to show additional awards and his foreign service in Vietnam. Item 3 (SSN (Also Service Number, if Applicable)) of this form shows his SSN with the last digit as "7."
10. The applicant provides a copy of his social security card that contains his name and a SSN number with the last digit as "1."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant listed his SSN with the last digit as "1" upon his enlistment in the RA. His DA Form 20 created when he entered active duty lists his SSN with the last digit as "1" and orders releasing him from active duty list his SSN with the last digit as "1." It appears a clerical error was made when his DD Form 214 was completed. Therefore, he is entitled to the requested relief.
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 the SSN from item 3 of his DD Form 214 and adding the SSN with "1" as the last digit as it is shown on his social security card.
______________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) AR20110005495
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ABCMR Record of Proceedings (cont) AR20110005495
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