IN THE CASE OF:
BOARD DATE: 13 October 2011
DOCKET NUMBER: AR20110006748
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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by amending the fifth digit to an 8 instead of 7.
2. The applicant states his SSN was incorrectly entered on his DD Form 214.
3. He provides his DD Form 214 and his Form SSA-1099 (Social Security Benefit Statement).
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. On 11 January 1967, prior to induction into the Army, he completed a
DD Form 398 (Statement of Personal History) which shows he listed his SSN as
xxx-x8-xxxx.
3. The applicants records contain a copy of special orders and a DA Form 20 (Enlisted Qualification Record) which both show his SSN as xxx-x8-xxxx.
4. He was honorably released from active duty on 3 January 1969. Item 3 of the DD Form 214 shows his SSN as "xxx-x7-xxxx".
5. The applicant submitted a copy of a 2010 - Social Security Benefit Statement which shows his SSN as "xxx-x8-xxxx."
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual documentary evidence of his or her military service. It is important that information entered on the form be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicants SSN as xxx-x8-xxxx and this is the SSN that was consistently used throughout his military career.
2. Therefore, he should be entitled to correction of his DD Form 214 to show the SSN as it is listed on his DA Form 20.
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 listing his SSN as it is listed on his DA Form 20.
_______ _ _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) AR20110006748
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ABCMR Record of Proceedings (cont) AR20110006748
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