IN THE CASE OF:
BOARD DATE: 22 December 2011
DOCKET NUMBER: AR20110013173
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 indicated on his social security card.
2. The applicant states his SSN was entered incorrectly on his DD Form 214 and should read as shown on his social security card.
3. The applicant provides copies of his DD Form 214, Honorable Discharge Certificate, letter orders (LO) discharging him from the U.S. Army Reserve (USAR), and 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 enlisted in the Regular Army in May 1964. He reenlisted a year later on 5 May 1965. During his period of service Soldiers were issued service numbers. They were not identified or managed using their SSN's.
3. On 2 April 1969, the applicant was released from active duty and transferred to the USAR. He was issued a DD Form 214 showing an SSN different from that shown on his social security card.
4. The applicant's military records contain various orders and documents showing the same SSN as shown on his DD Form 214. These records also contain the following documents with the same SSN as shown on his social security card:
* Enlisted Qualification Record
* Statement of Personal History
* Certificate of Clearance and/or Security Determination
5. The last digit is the only difference between the SSN shown on the applicant's DD Form 214 and that shown on his social security card.
6. The applicant provides copies of his Honorable Discharge Certificate and USAR LO. Both of these documents show the same SSN as shown on his social security card.
7. Army Regulation 635-5 (Separation Documents) then in effect required the SSN to be entered in item 3 (SSN) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his SSN as indicated on his social security card.
2. The evidence of record clearly shows the applicant enlisted in the Regular Army, served, and was discharged, all while using a service number.
3. The applicant's military records contain documents showing an SSN different from that shown on his social security card as well as documents showing the same SSN as shown on his social security card. The last digit is the only difference between these two SSN's.
4. The applicant was subsequently discharged from the USAR under the SSN shown on his social security card.
5. The Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
6. In view of the above, the applicant's request should be granted.
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 the same SSN as indicated 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) AR20110013173
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110013173
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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