IN THE CASE OF:
BOARD DATE: 11 October 2011
DOCKET NUMBER: AR20110006166
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 the Social Security Number (SSN) that is recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the third digit of the SSN recorded in item 32 (Remarks) of his DD Form 214 is incorrect and should be a "3" not an "8." He adds this typographical error has caused confusion with several government agencies when attempting to verify his military service.
3. The applicant provides copies of his birth certificate, Social Security Card, Social Security Administration (SSA) printout, and DD Form 214 in support of his application.
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. A DD Form 4 (Enlistment Record - Armed Forces of the United States) shows the applicant enlisted in the Army National Guard of the United States and Minnesota Army National Guard (MNARNG) on 6 January 1964 for a period of
6 years. The SSN was not used at the time of the applicant's enlistment.
3. Department of Military Affairs, Office of the Adjutant General, St. Paul, MN, Letter Orders 04-03, dated 3 April 1964, ordered the applicant to active duty for training (ACDUTRA), effective 17 April 1964, for a period of 5 months. These orders show Social Security Account Number (SSAN): "XX8-XX-XXXX."
4. A DD Form 214 shows the applicant entered ACDUTRA on 17 April 1964 and he was honorably released to the MNARNG on 5 September 1964 based on completion of training:
a. He completed 4 months and 19 days of net active service.
b. Item 32 shows the entry "SSAN: XX8-XX-XXXX."
5. In support of his request, the applicant provides the following documents:
a. State of Minnesota, Certificate of Live Birth, that shows the applicant was born on 7 AXXXX 19XX.
b. His Social Security Card that shows SSN: "XX3-XX-XXXX."
c. SSN printout, dated 17 March 2011, that shows SSA records indicate that SSN "XX3-XX-XXXX" is assigned to the applicant and the Social Security Card was issued to him in May 1960.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his SSN is "XX3-XX-XXXX."
2. The evidence of record shows the SSA issued SSN "XX3-XX-XXXX" to the applicant in May 1960.
3. For reasons that are not readily apparent, the applicant's SSN was recorded on his ACDUTRA orders as "XX8-XX-XXXX." This same SSN was then recorded in item 32 of his DD Form 214 when he was released from ACDUTRA.
4. The evidence of record shows an incorrect SSN was recorded in the applicant's military records. Specifically, the third digit of the SSN is incorrect. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his correct SSN which is listed on his Social Security Card.
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 SSAN from item 32 of his DD Form 214
* adding "SSAN XX3-XX-XXXX" as it is listed 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) AR20110006166
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