BOARD DATE: 6 December 2011
DOCKET NUMBER: AR20110012243
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 "XX4-XX-XXXX" instead of "XX2-XX-XXXX."
2. The applicant states his SSN is incorrect and he needs it corrected so that he may receive all the benefits that he has earned.
3. The applicant provides:
* DD Form 214
* Social security card
* Driver license
* Identification tags
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. In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) but he did not list an SSN on this form.
3. He was inducted into the AUS on 6 September 1967. His DD Form 47 (Record of Induction) listed his Service Number; it does not list his SSN.
4. His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty, listed his SSN with the number "4" as the third digit. He reviewed this form and placed his signature in the appropriate block.
5. His records contain various documents, including a separation order, statement of medical condition, a record of emergency data, various computerized punch cards, and other documents that list his SSN with the number "4" as the third digit. He authenticated several of these documents, as required, by placing his signature in the appropriate block.
6. He was honorably released from active duty on 26 August 1969. Item 3 (SSN) of his DD Form 214 shows his SSN as "XX2-XX-XXXX" (a "2" instead of a "4" is listed as the third digit).
7. He provides a copy of a social security card which lists his name and SSN as "XX4-XX-XXXX."
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The applicant consistently used an SSN that contained a "4" as the third digit throughout his military service. It appears his DD Form 214 inadvertently lists his SSN with a "2" in as the third digit. Therefore, he is entitled to correction of his DD Form 214 to show a "4" as the third digit of his 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 listed on his DD Forms 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) AR20110012243
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ABCMR Record of Proceedings (cont) AR20110012243
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