IN THE CASE OF:	  

		BOARD DATE:	  19 January 2012

		DOCKET NUMBER:  AR20110013474 


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 the last two digits of his Social Security Number (SSN) as 58 instead of 56.

2.  The applicant states:

* he discovered the error on his Social Security Card and DD Form 214 in 1973
* he lost his wallet and needed to replace his Social Security Card
* when he got his card corrected, he thought it would also be corrected on his DD Form 214 and all other records
* he does not know why the military listed his SSN incorrectly on his 
DD Form 214

3.  The applicant provides copies of:

* DD Form 214, dated 19 December 1968
* Social Security Card
* Social Security Administration (SSA) Printout, dated 25 May 2011
* Department of Veterans Affairs Claim Certification Coversheet, dated 
3 November 2010




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 completed a DD Form 398 (Statement of Personal History) on 15 May 1967, which shows the last two digits of his SSN as 58.

3.  He was inducted into the Army on 16 May 1967.  He completed a second 
DD Form 398 on 21 May 1967, which shows the last two digits of his SSN as 58.

4.  There are numerous documents contained in the applicant's official military record.  Some documents show the last two digits of his SSN as 58 and some show the last two digits as 56.

5.  The applicant was honorably released from active duty on 19 December 1968 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  Item 3 (SSN) on his DD Form 214 shows 56 as the last two digits of his SSN.  Letter Orders Number 04-1-86167, discharging him from the USAR on 1 May 1973, show 58 as the last two digits of his SSN.  

6.  The applicant submits copies of his Social Security Card and an SSA Printout showing 58 as the last two digits of his SSN.  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  During his enlistment the last two digits of his SSN fluctuated between 58 and 56 on the documents in his official military record.   

3.  The applicant completed two DD Forms 398, one of which was completed prior to his induction.  Both forms show 58 as the last two digits of his SSN.  He submits copies of his Social Security Card and an SSA Printout showing 58 as the last two digits of his SSN.

4.  In view of the foregoing, the applicant records should be corrected as recommended below.

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 amending item 3 on his DD Form 214 dated 19 December 1968 to show his social security number 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)                                         AR20110013474



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ABCMR Record of Proceedings (cont)                                         AR20110013474



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