IN THE CASE OF:
BOARD DATE: 22 December 2012
DOCKET NUMBER: AR20110013995
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 his social security number (SSN) with the last four digits as "XX04" vice "XX07."
2. The applicant states the wrong SSN is shown on his DD Form 214.
3. The applicant provides his DD Form 214 and his 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's record shows, in conjunction with his induction into the Army of the United States (AUS), he completed a DD Form 398 (Statement of Personal History) on 9 October 1966 wherein he listed his SSN with the last four digits as "XX04." He authenticated this form by placing his signature in the appropriate block.
3. He was inducted into the AUS on 12 October 1966 and he held military occupational specialty 71H (Personnel Specialist).
4. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN with the last four digits as "XX07."
5. A DA Form 41 (Record of Emergency Data), dated 1 December 1967, shows his SSN with the last four digits as "XX04." He authenticated this form by placing his signature in the appropriate block.
6. His records contain many personnel, medical, and legal documents that only show his service number and not his SSN.
7. General Orders Number 4209, dated 3 September 1968, issued by the U.S. Army Vietnam, awarded him the Army Commendation Medal. His SSN is shown with the last four digits as "XX04."
8. He was honorably released from active duty on 1 October 1968. He completed 1 year, 11 months, and 20 days of creditable active service. Item 3 of the DD Form 214 he was issued shows his SSN with the last four digits as "XX07."
9. The applicant provides a Social Security Card which lists an individual with the same full name as the applicant and the SSN with the last four digits shown as"XX04."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant listed his SSN with the last four digits as "XX04" upon his induction into the AUS. This is the SSN he used throughout his period of service. It appears an administrative error was made when his DA Form 20 was created with the last four digits of his SSN listed as "XX07." This error was compounded when his DD Form 214 was prepared using this incorrect SSN.
2. In view of the foregoing, his DD Form 214 should be corrected to show his SSN with the last four digits as "XX04." Therefore, he is entitled to the requested relief.
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 from item 3 of his DD Form 214 the current entry and replacing it with the SSN as it is 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) AR20110013995
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110013995
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