IN THE CASE OF:
BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110009201
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 the first three digits of his social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to 223 instead of 233.
2. The applicant states the SSN on his DD Form 214 is incorrect.
3. The applicant provides his:
* Social Security Card
* 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. He enlisted in the Regular Army on 19 June 1969. He completed basic combat and advanced individual training and was awarded military occupational specialty 11E (Armor Crewman).
3. Item 19 (Social Security Account Number) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows the first three digits of his SSN as 233.
4. A DD Form 398 (Statement of Personal History), dated 14 May 1969, that was completed and signed by the applicant shows the first three digits of his SSN as 223. His list of residences on this form shows he lived in Alexandria, Virginia from 1952 until he enlisted in the Army and his home of record is listed as Alexandria, Virginia.
5. His DA Form 20 (Enlisted Qualification Record) shows the first three digits of his SSN as 233.
6. The documents throughout his Military Personnel Records Jacket (MPRJ) indicate that he used both 223 and 233 as the first three digits of his SSN during his period of military service.
7. On 27 December 1971, he was released from active duty.
a. Headquarters, 1st Infantry Division (Mechanized), Fort Riley, KS Special Orders Number 361, dated 27 December 1971, relieved him from active duty not by reason of physical disability. These orders identify the first three digits of his SSN as 223.
b. Item 3 (SSN) of his DD Form 214 shows the first three digits as 233.
8. His Social Security Card shows the first three digits of his SSN as 223.
9. A chart provided by the Social Security Number Verification Service (SSNVS) shows the first three digits of the SSNs assigned throughout the United States and its possessions. This chart shows SSNs listing 233 as the first three digits were assigned in West Virginia and SSNs listing 223 as the first three digits were assigned in Virginia.
DISCUSSION AND CONCLUSIONS:
1. The applicant's separation orders identify the first three digits of his SSN as 223.
2. A DD Form 398 signed by the applicant shows the first three digits of his SSN as 223. This form also shows he lived in Alexandria, Virginia until he enlisted in the Army and Alexandria, Virginia is listed as his home of record. A chart provided by the SSNVS indicates:
* SSNs issued in Virginia list 223 as the first three digits
* SSNs issued in West Virginia list 233 as the first three digits
* It would be unlikely that he would have gone to West Virginia for issuance of an SSN
3. His Social Security Card and separation orders show the first three digits of his SSN as 223.
4. In view of the above evidence it would be appropriate to change item 3 of his
DD Form 214 to show his SSN as it is listed on his Social Security Card.
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 in item 3 of his DD Form 214 and adding the SSN as it is listed 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) AR20110009201
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ABCMR Record of Proceedings (cont) AR20110009201
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