BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110005870
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 (Certificate of Release or Discharge from Active Duty) to show his correct social security number (SSN) as XXX-XX-XXX9.
2. The applicant states his SSN shown on his DD Form 214 Certificate of Release or Discharge from Active Duty) is not correct.
3. The applicant provides a copy of his 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. A review of the applicants Official Military Personnel File (OMPF) shows that with the exception of the following documents which show his SSN as
XXX-XX-XXX9, he enlisted, served, and was discharged using SSN
XXX-XX-XXX4:
* DD Form 428 (Application for Identification Card), dated 14 January 1981
* DA Form 4187, subject: Volunteer for Foreign Service Tour, dated
8 January 1981
* MDA Form 355 (Mental Health Evaluation), part of a medical examination, dated 2 October 1981
3. His records also contain a copy of his social security card reflecting the correct SSN.
4. The applicant has provided a copy of his social security card showing his SSN as XXXXX4-XXX9.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected show his SSN as XXX-XX-XXX9
2. The evidence of record clearly shows the applicant enlisted, and was discharged using the SSN of XXX-XX-XXX4.
3. Although most of his records show SSN XXX-XX-XXX4, his records do contain documents that indicate the SSN error was discovered. The identification card application and mental health evaluation, which were both done in the last month of his service, show the correct SSN. Additionally, the applicant did not sign the DD Form 214 which shows the wrong SSN.
4. The Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
5. In view of the foregoing, there is sufficient evidence for granting the applicant's request to correct his DD Form 214.
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 his DD Form 214 the entry XXX-XX-XXX4 and replacing it with the entry XXX-XX-XXX9.
__________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) AR20100017326
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ABCMR Record of Proceedings (cont) AR20110005870
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