BOARD DATE: 10 January 2010
DOCKET NUMBER: AR20110013713
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 seventh digit of his social security number (SSN) as 6 instead of 3.
2. He states his DD Form 214 shows the wrong SSN and it is incorrect by one digit.
3. He provides his DD Form 214, drivers license, birth certificate, 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 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. The applicant enlisted in the Regular Army on 11 January 1966.
3. A review of the documents contained in the applicant's military personnel records shows the seventh digit of his SSN both as 6 and 3 on several documents throughout his tenure of service:
* a DA Form 20 (Enlisted Qualification Record) prepared on 14 January 1966 and last reviewed by the applicant on 2 July 1968
* Special Orders Number 137, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, dated 16 May 1968, assigning him to the
6th Armored Cavalry Regiment, Fort Meade, MD
4. Item 3 (SSN) of the applicant's DD Form 214 shows the seventh digit of his SSN as "3."
5. He provides a copy of his birth certificate and drivers license. These documents do not reflect his SSN.
6. He also provides a copy of his social security card issued by the Social Security Administration (SSA) on 22 September 2009 that shows the seventh digit of his SSN as 6.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 shows the wrong SSN was carefully considered and determined to have merit.
2. The applicant enlisted in the Regular Army on 11 January 1966 for a period of 4 years. At the time of his enlistment a military service number was issued for the purpose of identification. However, his military personnel record contains the following documents that show the seventh digit of his SSN as "6."
* a DA Form 20 prepared on 14 January 1966 and last reviewed by the applicant on 2 July 1968
* Special Orders Number 137, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, dated 16 May 1968, assigning him to the
6th Armored Cavalry Regiment, Fort Meade, MD
3. The social security card issued by the SSA, as provided by the applicant, confirms the seventh digit of his SSN as "6."
4. In view of the foregoing, his DD Form 214 should be corrected to show his SSN as shown on his social security card issued by the SSA.
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 current entry in item 3 of his DD Form 214 and replacing it with the SSN 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) AR20110013713
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ABCMR Record of Proceedings (cont) AR20110013713
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