BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110008010
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) as "XXX-XX-XXX4" instead of "XXX-XX-XXX0."
2. The applicant states the last digit of his SSN is wrong.
3. The applicant provides his DD Form 214.
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 was inducted into the Army of the United States on 26 September 1968. His official military personnel file (OMPF) contains the following documents that show his SSN as "XXX-XX-XXX4."
* DD Form 47 (Record of Induction)
* DA Form 20 (Enlisted Qualification Record)
* DD Form 1584 (National Agency Check Request)
* DA Form 428 (Application for Identification Card)
* reassignment, promotion, and release from active duty orders
3. He was released from active duty on 26 May 1970. Item 3 (SSN) of his DD Form 214 shows SSN "XXX-XX-XXX0."
4. There is no evidence in his OMPF that shows he ever served under the SSN shown on his DD Form 214.
5. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as "XXX-XX-XXX4" instead of "XXX-XX-XXX0" has been carefully reviewed.
2. There is no evidence in his OMPF that shows he ever served under the SSN that is shown on his DD Form 214. It is evident that an error was made in the preparation of his DD Form 214. Therefore, it would be appropriate to correct item 3 of his DD Form 214 to show his SSN as "XXX-XX-XXX4."
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 amending item 3 of his DD Form 214 to show SSN "XXX-XX-XXX4."
____________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) AR20110008010
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