IN THE CASE OF:
BOARD DATE: 3 January 2012
DOCKET NUMBER: AR20110012804
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 correct social security number (SSN).
2. The applicant states the second and third digits of the first three digits of the SSN recorded on his DD Form 214 are incorrect and should be "139" instead of "173."
3. The applicant provides copies of his Social Security Card, SSN printout, and DD Form 214.
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. A DD Form 4 (Enlistment Record - Armed Forces of the United States) shows the applicant enlisted in the U.S. Army on 5 April 1967. [The U.S. Armed Forces did not use the SSN at the time of the applicant's enlistment.]
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 1 (Name and Service Number) [in part]: "139-XX-XXXX."
4. Headquarters, 2nd Field Hospital (U.S. Army Europe), Special Order Number 115, dated 2 August 1968, as amended by Special Order Number 118, dated
8 August 1968, reassigned the applicant to the U.S. Army Transfer Station, Fort Dix, New Jersey, on 13 August 1968 for separation processing. The orders show the applicant's SSN as "139-XX-XXXX."
5. Headquarters, U.S. Army Personnel Center, Fort Dix, New Jersey, Special Orders Number 228, dated 15 August 1968, discharged the applicant from the Regular Army (RA) on 15 August 1968. The orders show the applicant's SSN as "173-XX-XXXX."
6. The applicant's DD Form 214 shows he entered active duty on 5 April 1967 and he was discharged under honorable conditions on 15 August 1968.
a. He completed 1 year, 2 months, and 12 days of net active service.
b. Item 3 (Social Security Number) shows "173-XX-XXXX."
7. In support of his application the applicant provides the following documents:
a. His Social Security Card that shows his SSN is "139-XX-XXXX."
b. A Social Security Administration, SSN Printout, dated 6 June 2011, that shows he was issued SSN "139-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that subsequent to his entry on active duty in the U.S. Army, the applicant correctly reported his SSN and it was correctly entered in official Army records. However, during his separation, his SSN was incorrectly recorded on his discharge orders and DD Form 214 as "173-XX-XXXX."
2. Therefore, it would be appropriate to correct the applicant's 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 from item 3 of his DD Form 214 the entry "173-XX-XXXX" and adding the entry "139-XX-XXXX" (as it is shown 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) AR20110012804
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ABCMR Record of Proceedings (cont) AR20110012804
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