IN THE CASE OF:
BOARD DATE: 1 December 2011
DOCKET NUMBER: AR20110011757
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 the following documents, dated 13 April 1972, to show his social security number (SSN) as "XXX-XX-XXX8" instead of "XXX-XX-XXX0":
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 256A (Honorable Discharge Certificate)
* DD Form 2542 (Certificate of Appreciation for Service in the Armed Forces of the United States)
2. He states, in effect, that typographical errors resulted in the incorrect SSN being entered on the aforementioned documents at the time of his separation. He needs this error corrected for his retirement documents.
3. He provides his:
* DD Form 214
* DD Form 256A
* DD Form 2542
* A Retirement, Survivors and Disability Insurance - Notice of Award issued by the U.S. Social Security Administration
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. A review of documents contained in his military personnel record shows his SSN consistently appears as "XXX-XX-XXX8" throughout his tenure of service; with one exception. The applicant's SSN appears as "XXX-XX-XXX0" on Special Orders 91 (Extract) issued by Headquarters, U.S. Army Personnel Center, Fort Jackson, SC on 13 April 1972. These orders show he was to be honorably discharged on 13 April 1972.
3. The DD Form 214, DD Form 256A, and DD Form 2542 issued to the applicant at the time of his separation all show his SSN as "XXX-XX-XXX0."
4. He provides a Retirement, Survivors and Disability Insurance - Notice of Award issued by the U.S. Social Security Administration indicating approval of his application for retirement benefits. This document shows his SSN as
"XXX-XX-XXX8."
5. 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 security number of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as "XXX-XX-XXX8" was carefully considered and determined to have merit.
2. The Social Security Administration verified his SSN as "XXX-XX-XXX8." Additionally, except for one document, his SSN consistently appears as
"XXX-XX-XXX8" in his military personnel record. As such, it appears the SSN on the DD Form 214, DD Form 256A, and DD Form 2542 issued to the applicant at the time of his separation were all the result of a typographical error that was made on his discharge orders. Therefore, he is entitled to correction of these documents to show his SSN as "XXX-XX-XXX8."
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 by corrected by:
a. deleting the current entry from item 3 (Social Security Number) of his DD Form 214 and replacing it with the SSN shown on the Retirement, Survivors and Disability Insurance - Notice of Award issued by the U.S. Social Security Administration; and
b. issuing him a replacement DD Form 256A and DD Form 2542 which show his SSN as it appears on the Retirement, Survivors and Disability Insurance - Notice of Award issued by the U.S. Social Security Administration.
____________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) AR20110011757
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110011757
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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