IN THE CASE OF:
BOARD DATE: 18 January 2012
DOCKET NUMBER: AR20110013458
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 the fourth and fifth digits of his social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 17 February 1969 be corrected to 58 instead of 46.
2. The applicant states his DD Form 214 is an instrumental document which he needs to be correct for any application for benefits or to show his veteran status. He worked with the Social Security Administration in regard to this correction and he now needs the Department of the Army to also correct his DD Form 214.
3. The applicant provides:
* DD Form 214
* a letter, dated 20 June 2011, from the Social Security Administration
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. He enlisted in the Regular Army on 18 February 1966 for a period of 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 62E (Construction Machine Operator).
3. His DD Form 4 (Enlistment Record - Armed Forces of the United States) does not contain any entries or information concerning his SSN. At the time of his enlistment, military members were identified by a military service number.
4. He signed and dated a DD Form 398 (Statement of Personal History) on
9 February 1966. He wrote his SSN on this form with the fourth and fifth digits shown as 58.
5. He signed a DA Form 41 (Record of Emergency Data) on 23 October 1968. In item 9 (Social Security Number) his SSN is shown using 58 as the fourth and fifth digits.
6. Most documents throughout his Military Personnel Records Jacket (MPRJ) identify him with his military service number only. However, some documents also identify him with an SSN. The majority of these documents show his SSN
with the fourth and fifth digits 58. Only two documents, including his separation orders, show his SSN with the fourth and fifth digits as 46.
7. He was released from active duty on 17 February 1969. Item 3 (Social Security Number) of his DD Form 214 shows his SSN with the fourth and fifth digits as 46.
8. His records do not contain a DA Form 2139 (Military Pay Voucher).
9. He submitted a letter, dated 20 June 2011, from the Social Security Administration. That agency certified the SSN with the fourth and fifth digits 58 was issued to him in 1965, he has used the same number since that date, and no other number has been issued to him.
10. Army Regulation 635-5 (Separation Documents), in effect at the time, stated the SSN in item 3 of the DD Form 214 would be transcribed from the Soldier's DA Form 2139.
DISCUSSION AND CONCLUSIONS:
1. During the period of his service, Soldiers were primarily identified by their military service number. However, some documents in his MPRJ show his SSN with the fourth and fifth digits as 58. Only two documents show his SSN with the fourth and fifth digits as 46.
2. His DD Form 398 and DA Form 41 both show his SSN with the fourth and fifth digits as 58. Both of these forms are signed by the applicant.
3. The letter from the Social Security Administration certifies his SSN using the fourth and fifth digits as 58 was issued to him in 1965 and that no other SSNs have been issued to him.
4. In view of the above, there is sufficient evidence to show the SSN entered on his DD Form 214 is incorrect. Therefore, it is appropriate to change item 3 of his DD Form 214 with an effective date of 17 February 1969 to show his SSN with the fourth and fifth digits as 58.
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 the entry in item 3 of his DD Form DD Form 214, with an effective date
of 17 February 1969, and adding his correct SSN with the fourth and fifth digits as shown in the letter from the Social Security Administration.
_______ _ _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) AR20110013458
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110013458
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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