IN THE CASE OF:
BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110012994
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 "X9X-XX-XXXX."
2. The applicant states the error occurred when his DD Form 214 was created. He is afraid an incorrect SSN may adversely impact benefits he may be entitled to at a later date.
3. The applicant provides a copy of his DD Form 214 and a copy of his social security 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 was inducted into the Army of the United States on 8 December 1966. He completed training and was awarded military occupational specialty 13A (Field Artillery Basic). The highest grade he attained while serving on active duty was specialist/E-4.
3. He completed a DD Form 398 (Statement of Personal History) during his induction processing in which he listed "9" as the second digit of his SSN.
4. His records contain various personnel documents, including a record of emergency data, national agency check requests, and a DA Form 873 (Certificate of Clearance and/or Security Determination) that list his SSN as "X9X-XX-XXXX."
5. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty incorrectly lists "6" as the second digit of his SSN.
6. He was honorably released from active duty on 22 November 1968 and he was transferred to the U.S. Army Reserve to complete his remaining service obligation. Item 3 (SSN) of his DD Form 214 shows SSN "X6X-XX-XXXX."
7. The applicant provides a copy of a social security card. The card lists a name identical to the name listed in his military records and lists the number "9" as the second digit of the SSN.
DISCUSSION AND CONCLUSIONS:
1. During his induction the applicant listed his SSN with "9" as the second digit. He consistently used an SSN with "9" as the second digit throughout his military service. It appears his DD Form 214 inadvertently listed his SSN with "6" as the second digit based on his DA Form 20.
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 his induction, his DD Form 214 should be corrected to show that same SSN at the time of his separation.
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 as shown 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) AR20110012994
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ABCMR Record of Proceedings (cont) AR20110012994
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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