IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110013673
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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the number "9" instead of the number "7" in the eighth digit.
2. The applicant states his SSN is incorrect on his DD Form 214.
3. The applicant provides copies of his DD Form 214, driver's license, and 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. He enlisted in the Regular Army for a period of 3 years on 10 June 1970. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his SSN as having the number "9" in the eighth digit.
3. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty shows his SSN as having the number "9" in the eighth digit. He reviewed this form at a later date and placed his signature in the appropriate block.
4. His records contain various personnel and medical documents, including a DD Form 1584 (National Agency Check Request), award orders, release from active duty orders, DD Form 93 (Record of Emergency Data), and Department of Veterans Affairs Form 29-8286 (Servicemen's Group Life Insurance Election), that show his SSN as having the number "9" as the eighth digit. He authenticated some of these documents by placing his signature in the appropriate block.
5. He was honorably released from active duty on 17 August 1973 and transferred to the U.S. Army Reserve to complete his Reserve obligation. Item 3 of his DD Form 214 shows his SSN as "XXX-XX-XX7X" [the number "7" is shown as the eighth digit]. He authenticated this form with his signature.
6. He submits a copy of a social security card issued on 26 January 2010 that contains a name similar to his [the middle name appears to be misspelled] with the SSN "XXX-XX-XX9X."
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs 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:
1. The applicant contends the SSN shown on his DD Form 214 should be corrected.
2. The evidence of record shows that at the time of his enlistment, the applicant listed an SSN that contained the number "9" in the eighth digit. This SSN is consistent with the SSN used throughout his military service. It appears his DD Form 214 inadvertently listed the number "7" instead of the number "9" in the eighth digit. Therefore, he is entitled to correction of his DD Form 214 to show his SSN as shown on his social security card.
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 his SSN as "XXX-XX-XX9X" as shown 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) AR20110013673
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ABCMR Record of Proceedings (cont) AR20110013673
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