IN THE CASE OF:
BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110011607
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-8x-xxxx.
2. The applicant states that due to an error that was made in good faith, his SSN on his DD Form 214 is shown as xxx-3x-xxxx instead of xxx-8x-xxxx.
3. The applicant provides 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 was inducted into the Army of the United States on 5 March 1970. He completed training and was awarded military occupational specialty 13B (Field Artillery Crewman).
3. At the time of his induction he was issued a military service number that was initially used as his identification number instead of his SSN.
4. His official military personnel file (OMPF) contains the following documents bearing the SSN the applicant claims is correct:
* DD Form 398 (Statement of Personal history), dated 4 March 1968
* DD Form 1584 (National Agency Check Request), dated 8 March 1968
* DA Form 41 (Record of Emergency Data), dated 1 April 1969
* Special Orders Number 180, issued by Headquarters, 1st Battalion, 92nd Artillery, dated 15 October 1969, promoting him to specialist five (SP5)/
E-5
* DA Form 428 (Application for Identification Card), dated 31 October 1969
* Special Orders Number 56, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 25 February 1970, releasing him from active duty (REFRAD)
5. The applicant was honorably REFRAD on 26 February 1970 as an overseas returnee. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 11 months, and 22 days of total active service. Item 3 (SSN) of the DD Form 214 he was issued at the time shows the entry "xxx-3x-xxxx."
6. Army Regulation 635-5 (Personnel Separations - 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. It states for item 3, check records with separatee's social security card when possible. Otherwise, verify the accuracy of the SSN of record.
DISCUSSION AND CONCLUSIONS:
All of the documents in the applicant's OMPF bearing an SSN, except his
DD Form 214, show the SSN that he claims is correct. It appears the applicant's SSN was incorrectly entered on his DD Form 214 due to an administrative error. Therefore, it would be appropriate at this time to correct his DD Form 214 to show the same number as on his REFRAD orders.
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 SSN entry and replacing it with the SSN as shown on his separation orders.
____________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) AR20110011476
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110011607
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130002917
The applicant states, in effect, his award of the BSM is omitted from his DD Form 214 and his SSN should be corrected to show xxx-3x-xxxx instead of xxx-8x-xxxx. The applicants Military Personnel Records Jacket (MPRJ) contains the following documents that show his SSN as xxx-3x-xxxx: * DD Form 398 (Statement of Personal History), prepared on 17 August 1967 * DD Form 1584 (National Agency Check Request), dated 25 September 1967 * DA Form 41 (Record of Emergency Data), dated 1 May 1968 *...
ARMY | BCMR | CY2011 | 20110004077
The applicant requests correction of the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He states his SSN is "XXX-8X-XXXX." His DD Form 214 is the only document in his record showing a different SSN, which is clearly an error.
ARMY | BCMR | CY2013 | 20130018973
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. When the applicant entered active duty, Soldiers were identified by an ASN. Army Regulation 635-5 (Separation Documents), effective 1 February 1967, stated the SSN in item 3 of the DD Form 214 would be transcribed from the Soldier's DA Form 2139.
ARMY | BCMR | CY2013 | 20130007491
Application for correction of military records (with supporting documents provided, if any). Item 5 (DOB) of his DD Form 398 (Statement of Personal History), completed at the time of his enlistment processing, lists his DOB as 2 October 1949. The applicant's SSN and DOB appear as he requests on his DD Form 398 and SF 88 completed at the time of enlistment.
ARMY | BCMR | CY2011 | 20110000800
Application for correction of military records (with supporting documents provided, if any). Item 1 (Name and Service Number) of his DA Form 20 (Enlisted Qualification Record) shows the service number RA5xxxxxxx and SSN xxx-7x-xxxx. Accordingly, he is entitled to correction of his DD Form 214 to show the SSN xxx-7x-xxxx.
ARMY | BCMR | CY2011 | 20110008448
Application for correction of military records (with supporting documents provided, if any). He is advised that a copy of this decisional document which confirms his correct SSN will be filed in his Official Military Personnel File (OMPF). _______ _ 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.
ARMY | BCMR | CY2012 | 20120021453
Application for correction of military records (with supporting documents provided, if any). However, based on the evidence of record and the evidence he submitted, it would be appropriate to correct only the applicant's DD Form 214 to show his correct SSN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 30 of his DD Form 214 the entry: "SSAN: XXX-XX-XXXX" (i.e., the number as shown on the Social Security...
ARMY | BCMR | CY2009 | 20090017312
The applicant requests correction of his date of birth (DOB) and social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant states that his DD Form 214 shows his DOB as 15 August 1945 instead of 15 August 1946 and that his SSN shows x6x-8x-xxxx instead of x8x-3x-xxxx. There are no other documents in his military records with an SSN.
ARMY | BCMR | CY2014 | 20140000980
Application for correction of military records (with supporting documents provided, if any). His DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 3 July 1965, shows only his assigned service number (SN) and not his SSN. In the absence of evidence to the contrary, it is presumed what the Army did in his case was correct and his DD Form 214 was prepared with the SSN he provided at the time.
ARMY | BCMR | CY2010 | 20100016812
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. 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 SSN XXX-8X-XXX and providing him a document to show the above correction. _______ _...