IN THE CASE OF:
BOARD DATE: 18 January 2012
DOCKET NUMBER: AR20110014859
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 indicated on his Social Security Card.
2. The applicant states his SSN was entered incorrectly on his DD Form 214; he wants to set the record straight.
3. The applicant provides copies of 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 was inducted into the Army of the United States on
4 September 1963. During his period of service Soldiers were issued service numbers. They were not identified or managed using their SSN.
3. On 27 August 1965, the applicant was released from active duty and transferred to the USAR. He was issued a DD Form 214 showing an SSN different from that shown on his Social Security Card.
4. The applicant's military records contain the following documents showing the same SSN as that shown on his Social Security Card:
* DA Form 24 (Service Record) for the period from 4 September 1963 to
27 August 1965
* DA Form 41 (Record of Emergency Data) dated 26 June 1964
5. The sixth digit is the only difference between the SSN shown on the applicant's DD Form 214 and the SSN on his Social Security Card.
6. Army Regulation 635-5 (Separation Documents), then in effect, required the SSN to be entered in Item 32 (Remarks) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his SSN as indicated on his Social Security Card.
2. The evidence of record clearly shows the applicant's SSN during the time of his active duty service was the same as that shown on his Social Security Card.
3. The applicant's military records contain documents showing an SSN the same as that on his Social Security Card. However, his DD Form 214 contains a slightly different SSN.
4. The Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
5. In view of the above, the applicants request should be granted.
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 SSN in Item 32 of his DD Form 214 and adding the SSN as it is listed 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) AR20110014859
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ABCMR Record of Proceedings (cont) AR20110014859
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