IN THE CASE OF:
BOARD DATE: 5 January 2012
DOCKET NUMBER: AR20110013301
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 digit of the last four digits of the SSN recorded on his DD Form 214 is incorrect and should be "5" instead of "2."
3. The applicant provides a copy of his Social Security Card 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 13 October 1967. Item 37 (Remarks) shows, in part, "SSAN (Social Security Account Number): XXX-XX-X5XX."
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 1 (Name and Service Number) [in part]: "XXX-XX-X5XX."
4. A DD Form 214 shows the applicant entered active duty on 13 October 1967, was honorably released from active duty (REFRAD) on 2 October 1970, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.
a. He completed 2 years, 11 months, and 20 days of net active service.
b. Item 3 (Social Security Number) shows "XXX-XX-X2XX."
5. USAR Components Personnel and Administration Center, St. Louis, Missouri, Letter Orders Number 09-1251258, dated 24 October 1973, honorably discharged the applicant from the USAR, effective 1 October 1973. The orders show his SSN as "XXX-XX-X5XX."
6. In support of his application the applicant provides a copy of his Social Security Card that shows his SSN is "XXX-XX-X5XX."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant correctly reported his SSN upon entry into the U.S. Army on 13 October 1967. However, upon his REFRAD, his SSN was incorrectly recorded on his DD Form 214 as "XXX-XX-X2XX." In addition, the evidence of record shows the orders that subsequently discharged the applicant from the USAR on 1 October 1973 show his correct SSN.
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 "XXX-XX-X2XX" and adding the entry "XXX-XX-X5XX" (i.e., as shown on the DD Form 4).
_______ _ 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) AR20110013301
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ABCMR Record of Proceedings (cont) AR20110013301
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