BOARD DATE: 8 December 2011
DOCKET NUMBER: AR20110010851
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 "X8X-XX-X2XX."
2. The applicant states the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides copies of the following:
* General Orders Number 2785, dated 8 April 1968
* social security card
* DD Form 214
* DA Form 1341 (Allotment Authorization)
* Special Orders Number 263, dated 19 September 1968
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 was inducted into the Army of the United States on 23 November 1966.
3. The applicant's official military personnel record contains a DA Form 3027 (U.S. Army Request for National Agency Check (NAC)) which shows his investigation was completed on 19 January 1967. The DA Form 3027 shows the applicant's SSN as "X8X-XX-X2XX."
4. A U.S. Army Transfer Station Affidavit he completed on 20 September 1968 shows his SSN as "X8X-XX-X7XX."
5. He was honorably released from active duty on 20 September 1968. The DD Form 214 he was issued shows his SSN as "X1X-XX-X7XX."
6. The applicant submits copies of his social security card, General Orders Number 2785, Special Orders Number 263, and DA Form 1341, all showing the same SSN as that shown on the NAC completed on 19 January 1967.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and his supporting documents have been considered.
2. The NAC completed on the applicant on 19 January 1967 indicates the SSN shown on his DD Form 214 is incorrect. Therefore, his DD Form 214 should be corrected to show his SSN as "X8X-XX-X2XX" as shown 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 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 his DD Form 214 to show in Item 3 the same SSN as shown 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) AR20110010851
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ABCMR Record of Proceedings (cont) AR20110010851
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