BOARD DATE: 19 January 2012
DOCKET NUMBER: AR20110014621
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 "xxx-xx-xx82" instead of "xxx-xx-xx98."
2. The applicant states, in effect, other documents show his correct SSN; however, his DD Form 214 has a typographical error.
3. The applicant provides:
* DD Form 214
* Social Security Card
* Letter Orders 08-1320559, dated 23 August 1972, issued by the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, Saint Louis, Missouri
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 was inducted into the Army of the United States on
6 September 1966. He completed training and was awarded military occupational specialty 95B (Military Policeman). The highest rank/grade he attained while on active duty was sergeant/E-5.
3. Documents in the applicant's records show both SSN "xxx-xx-xx82, SSN
xxx-xx-xx98," and his service number.
4. The following documents in the applicant's records show his SSN as
xxx-xx-xx82:
* DD Form 47 (Record of Induction)
* DA Form 2784 (Request for and Results of Personnel Security Action)
* DA Form 3027 (U.S. Army Request for National Agency Check)
5. The following documents in the applicant's records show his SSN as
xxx-xx-xx98:
* DA Form 20 (Enlisted Qualification Record)
* Special Orders Number 177, dated 4 July 1968, issued by Headquarters, 95th Military Police Battalion
* General Orders Number 33, dated 22 August 1968, issued by Headquarters, 95th Military Police Battalion
* General Orders Number 613, dated 22 August 1968, issued by Headquarters, 18th Military Police Brigade
6. The documents that he provided included a Social Security Card that reflects his SSN as xxx-xx-xx82.
7. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as "xxx-xx-xx82" was carefully considered and determined to have merit.
2. His Social Security Card shows his SSN as "xxx-xx-xx82." Additionally, his SSN appears as "xxx-xx-xx82" in his military personnel record. Since his SSN appears as "xxx-xx-xx82 on his Social Security Card it would be appropriated to correct his DD Form 214 to show this SSN.
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 by corrected by deleting from item 3 of his DD Form 214 the entry "xxx-xx-xx98" and listing 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.
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