IN THE CASE OF:
BOARD DATE: 10 November 2011
DOCKET NUMBER: AR20110010262
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 "XXX-40-XXXX" instead of "XXX-04-XXXX."
2. The applicant states the fourth and fifth digits of his SSN were switched on his DD Form 214.
3. The applicant provides his DD Form 214, a social security card, and a verification statement from the Social Security Administration (SSA).
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. 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.
3. He was inducted into the AUS on 16 May 1966. His DD Form 47 (Record of Induction) listed his Service Number; it did not list his SSN.
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty also listed his SSN with the fourth and fifth digits as "04" instead of "40."
5. On 16 May 1966, he signed a DA Form 41 (Record of Emergency Data) that listed his SSN with the fourth and fifth digits as "04" instead of "40."
6. His records contain various personnel documents, including multiple reassignment orders that listed his SSN as "XXX-04-XXXX."
7. He was honorably released from active duty on 15 May 1968. Item 3 (SSN) of his DD Form 214 shows SSN "XXX-04-XXXX." He authenticated this form by placing his signature in the appropriate block.
8. He provides a copy of a social security card that shows an individual with the same name as that of the applicant as well as a verification statement from the SSA that assigned him an SSN that contains "40" as the fourth and fifth digits.
DISCUSSION AND CONCLUSIONS:
1. Prior to induction into the AUS the applicant listed his SSN with "40" as fourth and fifth digits. It appears when he entered active duty and his records were created the fourth and fifth digits were inadvertently switched. Nevertheless, when he enlisted he disclosed his SSN with "40" as the fourth and fifth digits. This should have been the SSN used by Army officials throughout his period of service.
2. For historical purposes, the U.S. Army has an interest in maintaining the integrity of its records. In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. 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. Therefore, he is entitled to the requested relief.
BOARD VOTE:
____X____ __X______ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 amending item 3 of his DD Form 214 to show his 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) AR20110010262
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110010262
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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