IN THE CASE OF:
BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110011829
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-XXX8.
2. He states it was a typographical error made on his SSN on his DD Form 214 and his SSN should be listed as XXX-XX-XXX8 instead of XXX-XX-XXX3.
3. He provides his DD Form 214, social security card, and social security account number verification 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 enlisted in the Regular Army on 31 October 1962. His enlistment contract contains a service number instead of an SSN. He was honorably released from active duty on 18 June 1966 after serving 3 years,
7 months, and 18 days of total active service.
3. Item 32 (Remarks) of his DD Form 214 shows his SSN as XXX-XX-XXX3.
4. All the documents in his military personnel records, including his DA Form 20 (Enlisted Qualification Record) and various orders, contain a service number instead of a SSN.
5. He provided his social security card and social security account number which shows his SSN as XXX-XX-XXX8.
6. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
It appears the applicant's service number was used instead of his SSN on all of his military documents. However, his social security card and social security account number confirm his correct SSN is XXX-XX-XXX8. Therefore, he is entitled to correction of his DD Form 214 to show his correct SSN.
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 in item 32 of his DD Form 214 and adding the SSN as it is listed 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) AR20110011829
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110011829
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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