IN THE CASE OF:
BOARD DATE: 1 November 2011
DOCKET NUMBER: AR20110010186
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect that his Social Security Number (SSN) has an 8 in the sixth digit instead of a 9.
2. The applicant states that his DD Form 214 incorrectly reflects that the sixth digit of his SSN is a 9 when in fact it is an 8.
3. The applicant provides a copy of his DD Form 214 and a copy of his Social Security Card.
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. The applicant enlisted in the Regular Army on 9 July 1957 for a period of 3 years. At the time of his enlistment he was issued a service number and he served under that number for his entire enlistment.
3. On 12 July 1960 he was honorably released from active duty (REFRAD) as an overseas returnee. He had served 2 years, 11 months, and 24 days of active service.
4. His DD Form 214 issued at the time of his REFRAD reflects in block 32 (Remarks) that the applicants SSN contained a 9 in the sixth digit.
5. A review of his official records revealed very few instances where his SSN was recorded. However, his DD Form 93 (Record of Emergency Data) shows that his SSN contained an 8 in the sixth digit, which matches the SSN depicted on his Social Security Card.
6. On 1 July 1969, the Army discontinued the issuance and use of the Army Service Number and began using the SSN for identification. Prior to 1 July 1969, service members were not required to maintain an SSN in their records; however, they were usually recorded when provided by the individual Soldier.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the
DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his SSN is incorrectly depicted on his DD Form 214 has been noted and found to have merit.
2. The applicants records contain a document showing that his SSN contained an 8 in the sixth digit instead of a 9 as currently reflected.
3. Accordingly, his DD Form 214 should be corrected at this time to reflect the SSN that is depicted on his Social Security Card.
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that his DD Form 214 be corrected to reflect his SSN as shown on his Social Security Card.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20110010186
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ABCMR Record of Proceedings (cont) AR20110010186
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