IN THE CASE OF:
BOARD DATE: 8 November 2011
DOCKET NUMBER: AR20110011318
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-xx94" instead of "xxx-xx-xx49."
2. The applicant states, in effect, the last two numbers in his SSN were transposed.
3. The applicant provides a copy of his DD Form 214, driver license, and 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 25 August 1967.
3. Item 37 (Remarks) of the applicants DD Form 4 (Enlistment Record Armed Forces of the United States), dated 25 August 1967, shows his SSN as xxx-xx-xx94.
4. Item 13 (Employment SSN) of the applicant's DD Form 398 (Statement of Personal History), undated, shows his SSN as xxx-xx-xx94. The document contains his signature.
5. Item 9 (SSN) of the applicant's DA Form 41 (Record of Emergency Data), dated 15 May 1969, shows his SSN as xxx-xx-xx94. This document contains his signature.
6. On 3 April 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. The DD Form 214 he was issued at the time shows his SSN as xxx-xx-xx49.
7. Letter Orders Number 07-1186115, issued by Department of the Army, Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, dated 18 July 1973, show the applicant was honorably discharged from the USAR Control Group (Standby) due to expiration of term of service on 1 August 1973. This letter order shows his SSN as xxx-xx-xx94.
8. He provides a copy of his social security card which shows his SSN as "xxx-xx-xx94."
9. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. It stated, in pertinent part, that the complete name and social SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
His social security card shows his SSN as "xxx-xx-xx94." With the exception of the applicants DD Form 214, his SSN is listed throughout his record as
"xxx-xx-xx94. Therefore, it appears the SSN on his DD Form 214 for the period ending 3 April 1970 was the result of a typographical error. He is entitled to correction of this DD Form 214 to show his SSN as "xxx-xx-xx94."
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 from 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) AR20110011318
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110011318
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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