IN THE CASE OF:
BOARD DATE: 18 January 2012
DOCKET NUMBER: AR20110014644
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-82-XXXX" instead of "XXX-92-XXXX."
2. The applicant states he never noticed the error as he has not had a reason to use his DD Form 214.
3. The applicant provides his DD Form 214, an SSN printout from the Social Security Administration (SSA), and a copy of 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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 11 September 1969 prior to his enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as "XXX-82-XXXX." He authenticated the form by placing his signature in the appropriate place.
3. On 26 September 1969, he enlisted in the Regular Army for a 3-year term. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his SSN as "XXX-92-XXXX"; however, other official documents prepared that day show his SSN as "XXX-82-XXXX." These documents include a DD Form 98 (Armed Forces Security Questionnaire); DD Form 369 (Armed Forces Police Record Check); and Special Orders Number 190, Armed Forces Examining and Entrance Station, Oakland, CA, dated 26 September 1969. When required by the form, he authenticated it by placing his signature in the appropriate location.
4. On 1 October 1969, his DA Form 20 (Enlisted Qualification Record) was created, showing his SSN as "XXX-92-XXXX." He reviewed this form at a later date and authenticated it by placing his signature in the appropriate location.
5. He was honorably released from active duty on 19 March 1972 and was transferred to the U.S. Army Reserve. Item 3 (SSN) on his DD Form 214 shows his SSN as "XXX-92-XXXX." He authenticated this form by placing his signature in the appropriate block.
6. His record contains various documents that show both the requested SSN (XXX-82-XXXX) and the contested SSN (XXX-92-XXXX); however, the majority of documents show his SSN as "XXX-82-XXXX."
7. He submitted an SSN printout from the SSA and a copy of his social security card, each showing his SSN as "XXX-82-XXXX."
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant accurately represented his SSN as "XXX-82-XXXX" upon enlistment in the Regular Army. It appears that his DD Form 4 was prepared incorrectly and he did not notice his SSN was incorrect prior to authenticating the form. Nonetheless, the majority of documents in his record show his SSN as "XXX-82-XXXX," consistent with his SSN as shown on the SSA printout and his social security card. Therefore, it would be appropriate to grant relief by correcting his DD Form 214 to show his correct SSN.
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 is 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 SSN 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) AR20100012506
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110014644
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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