IN THE CASE OF:
BOARD DATE: 18 October 2011
DOCKET NUMBER: AR20110008309
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 social security number (SSN) shown in item 32 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states the SSN is incorrect and his correct SSN is "X9X-XX-XXXX." The original copy of his DD Form 214 was destroyed in the fire at the records center. He just requested and received a copy of his DD Form 214 and noticed the error in the SSN.
3. He provides:
* DD Form 214
* social security card
* letters from the Social Security Administration and National Personnel Records Center
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's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there was sufficient documentation in a reconstructed record and submitted by the applicant for the Board to conduct a fair and impartial review of this case.
3. His available military records show he was inducted into the Army of the United States on 2 July 1957. At the time of his entry on active duty, he was assigned and identified throughout his military service with an Army service number which began with the prefix "US" for United States.
4. He was honorably released from active duty on 11 July 1959 and he was transferred to the XI U.S. Army Corps (Reserve). Item 32 of his DD Form 214 lists his SSN as "X7X-XX-XXXX."
5. In a letter, dated 31 March 2011, the Social Security Administration verified the SSN assigned to the applicant is "X9X-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
1. The available evidence of record shows that at the time of the applicant's induction and at the time of his release from active duty he was assigned and served under the Army service number listed on his DD Form 214. There is no evidence to support the SSN shown in item 32 of his DD Form 214.
2. It appears the SSN shown on his DD Form 214 contains a typographical error in the second digit. Therefore, his DD Form 214 should be corrected at this time to show his SSN as "X9X-XX-XXXX."
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 32 of his DD Form 214 to show his SSN as "X9X-XX-XXXX," the same as that shown 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) AR20110008309
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ABCMR Record of Proceedings (cont) AR20110008309
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