BOARD DATE: 15 November 2011
DOCKET NUMBER: AR20110011394
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his correct Social Security Number (SSN) as depicted on his Social Security Card.
2. The applicant states that his DD Form 214 reflects an incorrect SSN and he desires it to be corrected to reflect the SSN that is depicted on his Social Security Card.
3. The applicant provides a copy of his Social Security Card and a copy of his DD Form 214.
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 in Milwaukee, Wisconsin on 28 December 1970 for a period of 2 years. At the time of his enlistment his SSN was recorded as the SSN depicted on his Social Security Card.
3. He completed his basic training at Fort Campbell, Kentucky, his advanced individual training at Fort Sill, Oklahoma and his airborne training at Fort Benning, Georgia before being transferred to Fort Stewart, Georgia for his only duty assignment.
4. Although not explained in the available records, his records started to display the SSN depicted on his DD Form 214.
5. On 3 October 1972 he was honorably released from active duty (REFRAD). He had served 1 year, 9 months and 2 days of active service. The SSN depicted on his DD Form 214 at the time of his REFRAD is not the SSN depicted on his Social Security Card.
6. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that information entered on the DD Form 214 will be obtained from official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his SSN is not correctly depicted on his DD Form 214 has been noted and appears to have merit.
2. While the applicants records reflect both the SSN depicted on his DD Form 214 and the SSN depicted on his Social Security Card, the applicant enlisted in the Regular Army using the SSN depicted on his Social Security Card.
3. Accordingly, his DD Form 214 should be corrected to reflect the SSN that is depicted 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 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 depicted in block 3 of his DD Form 214
* Entering the SSN depicted 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) AR20110011394
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110011394
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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