BOARD DATE: 5 January 2012
DOCKET NUMBER: AR20110014030
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) by amending the seventh, eighth, and ninth digits to reflect 353 instead of 535.
2. He states his SSN was incorrectly entered on his DD Form 214.
3. He provides his DD Form 214 and a printout from the Social Security Administration (SSA).
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. On 30 November 1966, prior to his enlistment in the Regular Army, he completed a DD Form 398 (Statement of Personal History) which shows he listed his SSN as xxx-xx-x353.
3. His records contain a DA Form 2962 (Security Termination Statement and Debriefing Certificate) and a DA Form 3027 (U.S. Army Request for National Agency Check) that show his SSN as xxx-xx-x353.
4. He was honorably released from active duty on 16 December 1969. Item 3 of the DD Form 214 shows his SSN as xxx-xx-x535.
5. The applicant submitted a printout from the SSA which shows his SSN as xxx-xx-x353.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states the purpose of the separation document is to provide the individual documentary evidence of his or her military service. It is important that information entered on the form be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicants SSN as xxx-xx-x353 and this is the SSN that was consistently used throughout his military career.
2. Therefore, he should be entitled to correction of his DD Form 214 to show the SSN as it is listed on his DA Form 3027.
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 entry in item 3 of his DD Form 214 and listing his SSN as it is listed on his DA Form 3027.
_______ _ 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) AR20110014030
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110014030
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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