IN THE CASE OF:
BOARD DATE: 25 October 2011
DOCKET NUMBER: AR20110013381
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) for the period ending 22 July 1971 to show the third digit of his social security number (SSN) as a "5."
2. The applicant states his SSN is incorrect.
3. The applicant provides his DD Form 214 and a copy of a 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. In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed a "5" as the third and fourth digits of his SSN. He authenticated this form by placing his signature in the appropriate block.
3. He enlisted in the RA for a period of 4 years on 3 October 1968. Item 19 (SSN) of his DD Form 4 (Enlistment Record - Armed Forces of the United States) lists a "5" as the third and fourth digits of his SSN.
4. His DA Form 20 (Enlisted Qualification Record) lists a "5" as the third and fourth digits of his SSN. He reviewed this form and placed his signature in the appropriate block.
5. He was discharged on 16 July 1969 for the purpose of immediate reenlistment. Item 3 (SSN) of his DD Form 214 for this period of service shows his SSN as "XX5-1X-XXXX" (a "5" is listed as the third digit and a "1" is listed as the fourth digit).
6. He executed a 4-year reenlistment in the RA on 3 October 1968. Item 19 of his DD Form 4 listed his SSN with a "5" as the third digit and a "1" as the fourth digit.
7. His records contain various personnel and medical documents, including a separation order, statement of medical condition, record of nonjudicial punishment, various computerized punch cards, and other documents that listed his SSN with a "5" as the third and fourth digits. He authenticated several of these documents, as required, by placing his signature in the appropriate block.
8. On 22 July 1971, he was honorably discharged from active duty. Item 3 of the DD Form 214 shows his SSN as "XX4-5X-XXXX" (a "4" is listed as the third digit and a "5" is listed as the fourth digit). He authenticated this form with his signature.
9. He provides a copy of a social security card which lists his name and SSN as "XX5-5X-XXXX."
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document
is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
In connection with his enlistment in the RA, the applicant listed an SSN that contained a "5" in both the third and fourth digits. He consistently used this SSN throughout his military service. However:
a. on 16 July 1969, upon discharge for the purpose of immediate reenlistment, his DD Form 214 lists a "1" in as the fourth digit. Therefore, he is entitled to correction of his DD Form 214 for the period ending 16 July 1969 to show a "5" as the fourth digit of his SSN.
b. Upon his discharge on 22 July 1971, his DD Form 214 inadvertently listed his SSN with a "4" as the third digit. Therefore, he is entitled to correction of his DD Form 214 for the period ending 22 July 1971 to show a "5" as the third digit of his 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:
a. deleting the SSN listed on his DD Form 214 ending on 16 July 1969 and adding the SSN as it is listed on his social security card.
b. deleting the SSN listed on his DD Form 214 ending on 22 July 1971 and adding the SSN as it is listed 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) AR20110013381
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ABCMR Record of Proceedings (cont) AR20110013381
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