IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110008367 


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 "234-xx-xxxx" instead of "289-xx-xxxx."  

2.  The applicant states his SSN needs to be corrected in order to receive Department of Veterans Affairs and/or Social Security Administration benefits.

3.  The applicant provides a copy of his DD Form 214 and a letter from the Social Security Administration.

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.  Item 13 (Employment SSN) of the applicant's DD Form 398 (Statement of Personal History), dated 15 July 1966, shows his SSN as “234-xx-xxxx.”  This document contains his signature.

3.  The applicant was inducted into the Army of the United States on 18 July 1966.  

4.  Item 9 (SSN) of the applicant's DA Form 41 (Record of Emergency Data), dated 4 August 1967, shows his SSN as “234-xx-xxxx.”  This document contains his signature.

5.  Item 1 (Name and Service Number) of the applicant's DA Form 20 (Enlisted Qualification Record) which was last audited on 9 March 1968, shows his SSN as “234-xx-xxxx.”  This document contains his signature.

6.  General Orders Number 11, issued by Headquarters, Special Troops, U.S. Army Support Thailand, Sattahip, APO San Francisco, dated 30 April 1968, announcing award of the Good Conduct Medal for the period 18 July 1966 through 29 May 1968, show his SSN as “234-xx-xxxx.”

7.  On 31 May 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  The DD Form 214 he was issued at the time shows his SSN as “289-xx-xxxx.”

8.  Letter Orders Number 06-1236203, issued by Department of the Army, Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, Missouri, dated 21 June 1972, honorably discharged the applicant from the USAR Control Group (Standby) due expiration term of service, effective 17 July 1972.  These letter orders show his SSN as “234-xx-xxxx.”

9.  The applicant provided a letter from the Social Security Administration that shows his SSN as "234-xx-xxxx."

10.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation established standardized policy for the preparation of the DD Form 214.  It stated, in pertinent part, that the complete name and social security number of the separating service member would be entered on the DD Form 214.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his SSN as "234-xx-xxxx" was carefully considered and determined to have merit.

2.  Documentation from the Social Security Administration confirms his SSN as "234-xx-xxxx."  Additionally, his SSN is correctly listed on numerous documents and forms contained in his record.  As such, it appears the SSN on his DD Form 214 for the period ending 31 May 1968 was the result of an error.  Therefore, he is entitled to correction of this DD Form 214 to show his SSN as "234-xx-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 SSN from item 3 of his DD Form 214 and adding the SSN as it is listed on his DA Form 41.




      _______ _   _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)                                         AR20110008367



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ABCMR Record of Proceedings (cont)                                         AR20110008367



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