BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110006206
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) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states, in effect, his SSN is xxx-48-xxxx and the SSN on his DD Form 214 contains a typographical error. All of his other military documents contain his correct SSN.
3. He provides his DD Form 214, social security card, and a Social Security Administration SSN printout.
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. The applicant was inducted into the Army of the United States on 19 October 1967. On 22 July 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). On 1 October 1973, he was honorably discharged from the USAR.
3. Special Orders Number 204, issued by the Armed Forces Examining and Entrance Station, Detroit, MI, dated 19 October 1967, announced his induction and ordered him to report for duty. The orders show his SSN as xxx-48-xxxx.
4. The applicant's DD Form 398 (Statement of Personal History), dated
25 October 1967 which was completed during the entry process shows
SSN xxx-48-xxxx.
5. His record includes numerous documents that list his SSN as xxx-58-xxxx. These documents are dated between May 1968 and October 1973.
6. Special Orders Number 203, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 22 July 1969, released him from active duty and list his SSN as xxx-48-xxxx.
7. Item 1 (Name and Service Number) of his DA Form 20 (Enlisted Qualification Record) lists his SSN as xxx-58-xxxx.
8. His DD Form 214, Item 3 (SSN), lists xxx-58-xxxx.
9. A USAAC Form 171 (Army Reserve Status and Address Verification), dated February 1970, shows he was asked to verify his personal information. Item 3 (Social Security Account Number) shows the SSN on file was xxx-58-xxxx. He requested correction of the SSN to xxx-48-xxxx.
10. Letter Orders Number 09-1252086, issued by the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 24 October 1973, discharged him from the USAR. The orders show his SSN as xxx-48-xxxx.
11. His record does not contain a DA Form 2139 (Military Pay Voucher).
12. The social security card and SSN printout he provides show his SSN is
xxx-48-xxxx.
13. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Chapter 2 contains guidance on the preparation of the DD Form 214. The regulation in effect at the time provided that for item 3, transcribe the SSN from the DA Form 2139. The regulation further provided that all available documents would be used as a basis for preparing the DD Form 214WS (Worksheet), the form used to collect data prior to completing the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of the SSN shown on his DD Form 214 is supported by the evidence.
2. When he entered the military he correctly reported his SSN was xxx-48-xxxx. The available evidence indicates SSN xxx-58-xxxx was erroneously introduced into his record in 1968. The error was carried forward in his record and as a result the incorrect SSN was recorded on his DD Form 214.
3. For historical purposes, the Army has an interest in maintaining the integrity 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. The preponderance of evidence indicates the SSN shown on the applicant's DD Form 214 does not reflect the conditions and circumstances that existed at the time the record was created. Accordingly, he is entitled to correction of his DD Form 214 to show SSN xxx-48-xxxx.
BOARD VOTE:
___X__ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 entry in item 3 of his DD Form 214 and adding xxx-48-xxxx.
_______ _ 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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