IN THE CASE OF:	  

		BOARD DATE:	      19 October 2011

		DOCKET NUMBER:  AR20110008519 


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 "522-xx-xxxx" instead of "417-xx-xxxx."  

2.  The applicant states the wrong SSN was entered on his DD Form 214. 

3.  The applicant provides:

* a self-authored statement
* a letter from the Social Security Administration
* a letter from Case Management Division, Army Review Boards Agency
* his Social Security Card
* his DD Form 214
* his DD Form 256A (Honorable Discharge Certificate)

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 enlisted in the Regular Army on 18 March 1966.  

3.  Item 13 (SSN) of the applicant's DD Form 398 (Statement of Personal History), dated 23 February 1965, shows his SSN as “522-xx-xxxx.”  This document contains his signature.

4.  Item 4 (SSN) of his DA Form 3027 (U.S. Army Request for National Agency Check), dated 28 March 1966, shows his SSN as “522-xx-xxxx.”  

5.  Item 1 (Name and Service Number) of the applicant's DA Form 20 (Enlisted Qualification Record) was last audited on 4 February 1968, shows his SSN as “417-xx-xxxx.”  This document contains his signature.

6.  Item 9 (SSN) of the applicant's DA Form 41 (Record of Emergency Data), dated 24 October 1968, lists his SSN as “522-xx-xxxx.”  This document contains his signature.

7.  On 20 January 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The DD Form 214 he was issued at the time shows his SSN as “417-xx-xxxx.”

8.  The applicant’s record contains a memorandum from the Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, dated          10 February 1969, which states, “a review of your Army Personnel Records fails to reveal your Social Security Account Number (SSAN) or reveals more than one SSAN.  You are requested to record your SSAN in the appropriate blocks below.”  The applicant entered “522-xx-xxxx” and initialed the entry.

9.  Letter Orders Number 02-1081767, issued by Department of the Army, Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, dated 23 February 1972, show the applicant was honorably discharged from the USAR Control Group (Standby) due to expiration of term of service on 17 March 1972.  These letter orders show his SSN as 
“522-xx-xxxx.”



10.  He provides a copy of his Social Security Card and a letter issued by the U.S. Social Security Administration which verifies his SSN as "522-xx-xxxx."

11.  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 SSN 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 "522-xx-xxxx" was carefully considered and determined to have merit.

2.  The applicant’s DA Form 20 and DD Form 214 are the only two documents in his record to show an incorrect SSN.  The applicant’s SSN is correctly listed on the all other documents in his record that contain an SSN.  His Social Security Card also confirms "522-xx-xxxx" is his correct SSN.   As such, it appears the SSN on his DD Form 214 for the period ending 20 January 1969 should be changed to reflect "522-xx-xxxx" as it is listed on his DA Form 41.

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 entire entry from item 3 of his DD Form 214 and entering his 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)                                         AR20110008519



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ABCMR Record of Proceedings (cont)                                         AR20110008519



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