IN THE CASE OF:
BOARD DATE: 1 December 2011
DOCKET NUMBER: AR20110010816
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-XX-XX63."
2. The applicant states his SSN shown on his DD Form 214 is incorrect.
3. The applicant provides his social security account number (SSAN) 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 served in the Regular Army (RA) on a 3-year enlistment from 31 July 1964 through 30 June 1967 when he was honorably released from active duty as a sergeant/E-5.
3. The applicant provides a photocopy of his social security card which shows his SSAN as "XXX-XX-XX63."
4. The applicant's service record contains only one document that reflects his SSN; all other documents reflect his RA service number. The one document that shows his SSN is a DA Form 41 (Record of Emergency Data) which shows his SSN as "XXX-XX-XX63."
5. There is a hand-written note in the applicant's official military personnel file (OMPF) stating, "Discrepancy in SSAN."
6. Item 3 (SSN) of the applicant's DD Form 214 shows his SSN as
"XXX-XX-XX83."
7. The applicant did not enter the Army using his SSN. During his period of service, the Army used service numbers with the alphabetical prefix "RA" for Regular Army Soldiers and "US" for inductees.
8. Service numbers were used by the U.S. Army from 1918 until they were officially phased out and replaced by the SSN on 12 July 1969.
9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. For item 3, the version of the regulation in effect at the time stated to verify accuracy with the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his SSN shown on his DD Form 214.
2. The applicant's SSN is "XXX-XX-XX63"; however, his DD Form 214 shows his SSN as "XXX-XX-XX83."
3. The applicant served during a period when the Army used service numbers, not the SSN. His record contains a DA Form 41 signed by him showing his SSN as "XXX-XX-XX63."
4. The SSN appearing on the applicant's DD Form 214 is clearly a typographical error and requires correction.
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 replacing the SSN shown on his DD Form 214 with SSN "XXX-XX-XX63" as shown on his social security card and 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) AR20110010816
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ABCMR Record of Proceedings (cont) AR20110010816
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