IN THE CASE OF:
BOARD DATE: 26 January 2012
DOCKET NUMBER: AR20110012574
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 social security number (SSN) listed on her DD Form 214 (Certificate of Release or Discharge from Active Duty) and DD Form 256A (Honorable Discharge Certificate).
2. The applicant states the ninth or final digit of her SSN should be "5" instead
of "8."
3. The applicant provides copies of her:
* DD Form 256A
* SSN 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 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. The applicant's military record contains a DD Form 4 prepared during her enlistment processing. All entries on this document containing her SSN list the number "5" as the last digit (XXX-XX-XXX5).
3. On 24 August 1990, she enlisted in the United States Army Reserve (USAR), Delayed Entry Program (DEP) for a period of 8 years and served until she was discharged for the purpose of entering active duty on 12 September 1990.
4. On 12 September 1990, the applicant entered active duty in the Regular Army (RA). She was trained in and awarded military occupational specialty 63B (Light Wheel Vehicle Mechanic).
5. The DA Form 2-1 (Personnel Qualification Record) prepared upon her entry on active duty lists the number "5" as the final digit of his SSN. All other documents contained in her official military personnel file (OMPF) prepared throughout her active duty service lists the number "5" as the last digit of her SSN.
6. On 8 November 1991, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group. The DD Form 214 issued to her at that time list the number "5" as the final number of her SSN.
7. The applicant provides a copy of her DD Form 256A issued her upon her discharge from the USAR on 29 September 1998. It lists the number "8" as the last number of her SSN.
8. Army Regulation 635-5 (Separation Documents) prescribes the policy for the preparation and distribution of the DD Form 214. The regulation stipulates that a
DD Form 214 will be issued for each period of active duty service to document the period of active duty service it covers.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the SSN listed on her DD Form 214 and
DD Form 256A should be corrected to show "XXX-XX-XXX5."
2. The evidence of record clearly shows the SSN listed on the applicant's enlistment contract, DA Form 20, and the majority of all documents maintained in her OMPF is the same number listed on her DD Form 214. Accordingly, the SSN recorded on her DD Form 214 is correct as she has requested and there is no basis to support making a change to this document. Based upon the above, the DD Form 214 will not be discussed further in this Record of Proceedings.
3. The evidence of record shows the discharge certificate issued the applicant upon her final discharge from the USAR incorrectly list the number "8" instead of "5" as the last number of her SSN. Therefore, she should be issued a new DD Form 256A documenting her discharge from the USAR on 29 September 1998, to show her correct SSN.
4. A copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion regarding the different SSN recorded on his discharge certificate.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ 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 issuing her a DD Form 256A documenting her discharge from the United States Army Reserve on 29 September 1998 that lists her correct social security number as shown on her 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) AR20110012574
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110012574
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