Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110008415
Original file (20110008415.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110008415 


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): 

* item 3 (Social Security Number (SSN))
* 11d (Effective Date)   

2.  The applicant states the entries in question are incorrect due to typographical errors.  

3.  The applicant provides his DD Form 214, social security card, release from active duty (REFRAD) orders, and enlistment orders in support of his application. 

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 available evidence includes a DD Form 4 (Enlistment Record-Armed Forces of the United States) that shows the applicant enlisted in the Regular Army for 3 years on 29 December 1966.  

3.  The documents in the available record that list an SSN all list the number 8 as the fifth digit.  This includes a DA Form 2496 (Disposition Form), dated 
18 November 1969, assigning the applicant to the Separation Transfer Point, effective 16 December 1969.  It also includes Headquarters, United States Army Aviation Center, Fort Rucker, Alabama, Special Orders Number 244, dated 
24 November 1969, directing the applicant’s REFRAD, effective 28 December 1969.

4.  The DD Form 214 issued to the applicant upon his REFRAD lists his SSN using the number "5" as the fifth digit, and lists his date of separation as 
19 December 1969 in item 11d.  Item 17c (Date of Entry) contains the date 
29 December 1969.  

5.  The applicant provides an SSN card that lists his SSN using the number "8" as the fifth digit.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the military qualification record and documents on file in the Military Personnel Records Jacket would be the source records for information entered on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct item 3 and 11d of his DD Form 214 has been carefully considered and found to have merit.  

2.  All of the available records including the applicant’s REFRAD orders list his SSN using the number 8 as the fifth digit.  As a result, it would be appropriate to correct item 3 of his DD Form 214 to show his SSN as it is listed on his social security card.

3.  Further, the applicant’s DD Form 4 confirms he enlisted in the RA and entered active duty on 29 December 1966, and the REFRAD orders in the record confirm the effective date of the applicant’s separation was 28 December 1969.  As a result, item 11d of the DD Form 214 should be corrected to show the date 
28 December 1969, and item 17c should be corrected to show the date 
29 December 1966.  


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 amending his DD Form 214 as follows:

	a.  Item 3 – deleting the current entry and adding the SSN as it is listed on his social security card; 

	b.  Item 11d - deleting the current entry and adding “19691228”; and 

	c.  Item 17c - deleting the current entry and adding “19661229.”



      _______ _   _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)                                         AR20110008415



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110008415



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110009966

    Original file (20110009966.txt) Auto-classification: Approved

    The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the third digit of his Social Security Number (SSN) is a “1” and the fifth digit is a “2.” 2. He had served 2 years of active service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his SSN as it is listed on his Social Security Card.

  • ARMY | BCMR | CY2013 | 20130005400

    Original file (20130005400.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The following documents in his Military Personnel Records Jacket (MPRJ) show his SSN with the fifth digit as a "4": * DD Form 398 (Statement of Personal History), signed by him on 10 April 1966 * DA Form 41 (Record of Emergency Data), signed by him on 8 July 1968 * DA Form 20 (Enlisted Qualification Record), signed by him on 8 July 1968 4. The applicant's service medical records were not available...

  • ARMY | BCMR | CY2010 | 20100018628

    Original file (20100018628.txt) Auto-classification: Approved

    The DA Form 20 (Enlisted Qualification Record) prepared on the applicant upon his entry on active duty lists his SSN using the number 8 as the fifth digit in item 1 (Name & Service Number). The DD Form 214 he was issued at the time lists his SSN using the number 6 as the fifth digit. The applicant's enlistment orders, the DA Form 20 prepared on him upon his entry on active duty, and the majority of the documents on file in his MPRJ list the number 8 as the fifth digit of his SSN.

  • ARMY | BCMR | CY2014 | 20140008958

    Original file (20140008958.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 8 January 2015 DOCKET NUMBER: AR20140008958 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. At the time the applicant was inducted he provided the SSN that is contained on his Social Security Card and he served his entire period of service using that SSN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on his DD Form 214 the SSN that is reflected on his Social Security Card.

  • ARMY | BCMR | CY2013 | 20130012506

    Original file (20130012506.txt) Auto-classification: Approved

    The applicant requests the fourth and fifth digits of his social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 10 July 1969 be changed to "92." Item 1 (Last Name - First Name - Middle Name) of his DD Form 47 (Record of Induction) contains an entry showing his SSN with the fourth and fifth digits as "92." Therefore, there is sufficient evidence to correct his DD Form 214 to show his SSN as shown on...

  • ARMY | BCMR | CY2013 | 20130008340

    Original file (20130008340.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 19 April 1967 to show the fifth digit of his social security number (SSN) as "8" versus "9." The majority of the documents contained in his record during his enlistment show his assigned military service number; however, his record contained a DD Form 398 (Statement of Personal History), dated 16 March 1966, reflecting the fifth digit...

  • ARMY | BCMR | CY2011 | 20110010262

    Original file (20110010262.txt) Auto-classification: Approved

    Prior to induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed "4" and "0" as the fourth and fifth digits of his SSN. His DD Form 47 (Record of Induction) listed his Service Number; it did not list his SSN. However, having listed the correct SSN at the time of induction, his DD Form 214 should be corrected to show that same SSN at the time of separation.

  • ARMY | BCMR | CY2011 | 20110019494

    Original file (20110019494.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) effective 28 July 1972 to reflect the fifth digit of his Social Security number (SSN) as "4." 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 deleting the SSN contained in block 3 (SSN) of his DD Form 214...

  • ARMY | BCMR | CY2010 | 20100013058

    Original file (20100013058.txt) Auto-classification: Approved

    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-X2-XXXX" instead of "XXX-X9-XXXX." However, having listed the correct SSN at the time of his enlistment, his DD Form 214 should be corrected to show that same SSN at the time of separation. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 3...

  • ARMY | BCMR | CY2011 | 20110013458

    Original file (20110013458.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). His DD Form 398 and DA Form 41 both show his SSN with the fourth and fifth digits as 58. _______ _ _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.