BOARD DATE: 15 November 2011
DOCKET NUMBER: AR20110011325
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-4XXX."
2. The applicant states the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides his DD Form 214 and 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 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's records show he enlisted in the Regular Army on 30 September 1965 and he held military occupational specialty 95B (Military Police).
3. In conjunction with his enlistment, he completed a DD Form 398 (Statement of Personal History), dated 30 September 1965, wherein he listed his SSN as "XXX-XX-4XXX." He authenticated this form by placing his signature in the appropriate block.
4. His DD Form 4 (Enlistment Record Armed Forces of the United States), dated 30 September 1965, does not list his SSN and only shows his Army service number (ASN).
5. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN as "XXX-XX-5XXX."
6. His records contain numerous personnel, finance, medical, and legal documents including several assignment orders that only show his ASN and not his SSN.
7. Special Orders Number 201, dated 13 September 1968, issued by the U.S. Army Flight Training Center, Fort Stewart, GA, released him from active duty. His SSN is shown as "XXX-XX-5XXX."
8. He was honorably released from active duty on 27 September 1968 and transferred to the U.S. Army Reserve. He completed 2 years, 11 months, and 28 days of creditable active service. Item 3 (SSN) of his DD Form 214 shows his SSN with the last four digits as "5XXX."
9. The applicant provides a social security card which lists an individual with the same full name as the applicant with the SSN as "XXX-XX-4XXX."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant listed his SSN as "XXX-XX-4XXX" upon enlistment in the Regular Army. It appears that when his DA Form 20 was created an error was made and his SSN was entered as "XXX-XX-5XXX." This error was compounded when his DD Form 214 was completed using this SSN. 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 deleting the SSN from item 3 of his DD Form 214 and replacing it with the SSN as it is 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.
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