IN THE CASE OF:
BOARD DATE: 17 November 2011
DOCKET NUMBER: AR20110011496
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) with the last four digits as "90xx" vice "09xx."
2. The applicant states the wrong SSN is shown on his DD Form 214.
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 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 was inducted into the Army of the United States on 28 April 1966. He completed training and he was awarded military occupational specialty 62E (Heavy Construction Equipment Operator).
3. In conjunction with his induction, he completed a DD Form 398 (Statement of Personal History), dated 25 April 1966, wherein he listed his SSN with the last four digits as "90xx." He authenticated this form by placing his signature in the appropriate block.
4. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN with the last four digits as "09xx."
5. His record contains numerous personnel, finance, medical, and legal documents including several assignment orders that only show his military service number and not his SSN. However, aside from his DD Form 398, all other documents bearing an SSN show the last four digits as "90xx."
6. Special Orders Number 106, dated 15 April 1968, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, released the applicant from active duty. His SSN is shown with the last four digits as "09xx."
7. He was honorably released from active duty on 15 April 1968 and transferred to the U.S. Army Reserve. He completed 1 year, 11 months, and 18 days of total active service. Item 3 (SSN) of his DD Form 214 shows his SSN with the last four digits as "09xx."
8. The applicant provides a Social Security Card which lists an individual with the same full name as the applicant and the SSN with the last four digits as "90xx."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant listed his SSN with the last four digits as "90xx" upon his induction into the Army. It appears when his DA Form 20 was created an error was made and his SSN was entered with the last four digits as "09xx." Therefore, it would be appropriate at this time to correct the injustice by correcting his DD Form 214 to show the correct last four digits of his SSN 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 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 from item 3 of his DD Form 214 the current entry 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.
ABCMR Record of Proceedings (cont) AR20110011496
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ABCMR Record of Proceedings (cont) AR20110011496
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