IN THE CASE OF:
BOARD DATE: 5 January 2012
DOCKET NUMBER: AR20110014015
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) as X6X-XX-XXXX instead of X0X-XX-XXXX.
2. He states the SSN on his DD Form 214 is incorrect. He states, in effect, he didn't request correction earlier because the information was never needed before.
3. He provides his DD Form 214 for the period ending 16 July 1968 and a copy of his SSN 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. His military records show he was inducted into the Army on 28 July 1966. At the time of his entry on active duty, he was assigned and identified throughout his military service with an Army Service Number in lieu of his SSN.
3. His DA Form 20 (Enlisted Qualification Record), a DA Form 2376 (Notification to State Adjutants General Release from Active Duty of Obligated Reservist), U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 06-1215789, and two orders contained in his records show an SSN of X0X-XX-XXXX.
4. His records contain a DD Form 398 (Statement of Personal History) completed and signed by the applicant on 26 July 1966. This form reflects his SSN as X6X-XX-XXXX.
5. The DD Form 214 he was issued for this period shows he was released from active duty on 16 July 1968 and transferred to the U.S. Army Reserve to complete his remaining Reserve obligation. This DD Form 214 shows his SSN as X0X-XX-XXXX.
6. He provided a copy of his SSN card that lists his SSN as X6X-XX-XXXX.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 398 signed by the applicant and the SSN card he provided show his SSN as X6X-XX-XXXX.
2. His DD Form 214, DA Form 20, a DA Form 2376, U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number
06-1215789, and two orders contained in his records show his SSN as
X0X-XX-XXXX.
3. Although all the documents in his records containing a SSN, with the exception of the DD Form 398, show his SSN as X0X-XX-XXXX, the DD Form 398 was completed by the applicant 2 days prior to his induction in the Army. Therefore, it appears the second digit of his SSN was transcribed in error, the error was perpetuated throughout his military career, and the applicant did not pursue correction of this error. As such, it would be appropriate to correct this DD Form 214 to show his SSN as shown on the copy of the SSN card he provided.
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 was sufficient to warrant a recommendation for relief. As a result, the Board recommends that the DD Form 214 for the period ending 16 July 1968 of the individual concerned be corrected by amending item 3 to show the SSN as shown on the SSN card he provided.
_______ _ _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) AR20110014015
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ABCMR Record of Proceedings (cont) AR20110014015
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