BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110012337
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 "XX7-XX-XXXX."
2. The applicant states the SSN shown on his DD Form 214 is "XX6-XX-XXXX."
3. The applicant provides a letter and a printout from the Social Security Administration (SSA), dated 7 June 2011.
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 1 September 1965.
3. The applicant's official military personnel record contains a DA Form 41 (Record of Emergency Data) which was completed on his date of induction. This form shows his SSN as "XX7-XX-XXXX."
4. He was honorably released from active duty on 11 August 1967. The DD Form 214 he was issued shows his SSN as "XX6-XX-XXXX."
5. The applicant submits a printout from the SSA showing his SSN as
"XX7-XX-XXXX" and a letter notifying him that he would receive his Social Security Card within 2 weeks.
6. Army Regulation 635-5 (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 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting documents have been considered.
2. His official record contains a DA Form 41 showing his SSN as
"XX7-XX-XXXX." This SSN is verified by the SSA printout he submits as evidence. It appears an error was made during the preparation of his
DD Form 214 which should be corrected.
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 his DD Form 214 to show, in Item 3, the same SSN as that shown on his printout from the SSA.
__________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) AR20110012337
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110012337
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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