BOARD DATE: 6 December 2011
DOCKET NUMBER: AR20110012148
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-X7-XXXX" instead of "XXX-X8-XXXX" and the issuance of an Honorable Discharge Certificate with the correct SSN.
2. The applicant states the SSN is incorrectly shown on his DD Form 214.
3. The applicant provides his DD Form 214 and Honorable Discharge Certificate.
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. Prior to enlistment in the Regular Army (RA), the applicant completed a
DD Form 398 (Statement of Personal History) wherein he listed "8" as the fifth digit of his SSN.
3. He enlisted in the RA on 16 January 1967. His DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his Service Number; it did not list his SSN.
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty also lists an "8" as the fifth digit of his SSN.
5. His records contain various personnel documents, including multiple reassignment and promotion orders, a record of emergency data, as well as various medical records that listed his SSN as "XXX-X8-XXXX."
6. He was honorably released from active duty on 21 December 1969 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. Item 3 (SSN) of his DD Form 214 shows SSN "XXX-X7-XXXX."
7. On 19 December 1972, the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, published Letter Orders Number 12-1481554 honorably discharging him from the U.S. Army Reserve. He was also issued an Honorable Discharge Certificate. Both documents (the orders and the certificate) listed his SSN with "7" instead of "8" as the fifth digit.
DISCUSSION AND CONCLUSIONS:
1. Prior to enlistment in the RA the applicant listed his SSN with "8" as the fifth digit. He consistently used an SSN with an "8" as the fifth digit throughout his military service. It appears his DD Form 214, subsequent discharge orders from the U.S. Army Reserve, and his Honorable Discharge Certificate inadvertently listed his SSN with a "7" as the fifth digit.
2. For historical purposes, the U.S. Army has an interest in maintaining the integrity of its records. In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. However, having listed the correct SSN at the time of enlistment, his DD Form 214 should be corrected to show that same SSN at the time of separation. He should also be issued a replacement discharge certificate with the correct SSN.
BOARD VOTE:
_x____ ___x_____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
* amending item 3 of his DD Form 214 to show his SSN with an "8" instead of a "7" as the fifth digit (as it is listed on his DA Form 20)
* amending Letter Orders Number 12-1481554, issued by the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 19 December 1972, to show his SSN with an "8" instead of a "7" as the fifth digit (as it is listed on his DA Form 20)
* issuing him an Honorable Discharge Certificate with the correct SSN (as it is listed on his DA Form 20)
_______ _ 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) AR20110012148
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ABCMR Record of Proceedings (cont) AR20110012148
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