IN THE CASE OF:
BOARD DATE: 26 January 2012
DOCKET NUMBER: AR20110015052
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)) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to the last digit as 7 instead of 4.
2. The applicant states, in effect, the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides:
* self-authored letter, dated 20 April 2011
* printout from the Social Security Administration, dated 20 April 2011
* copy of his Social Security Card
* letter from the Chief, Case Management Division, dated 11 April 2011
* Honorable Discharge Certificate
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 on 12 December 1966.
3. The applicants official military personnel file contains a DA Form 3027 (U.S. Army Request for National Agency Check (NAC)) which was favorably completed on the applicant on 18 January 1967. It shows 7 as the last digit of his SSN.
4. The last digit 7 is shown on every document contained in his OMPF until Special Orders Number 278 was published on 20 November 1968, releasing him from active duty, effective 12 December 1968. These orders show 4 as the last digit on his SSN. A Wage and Tax Statement in his OMPF prepared for the year 1968 shows 4 as the last digit of his SSN.
5. The applicants DD Form 214 shows 4 as the last digit of his SSN.
6. USAAC Form 170 (Army Reserve Personnel Data Relief) contained in the applicant OMPF shows that in February 1969 that information on file showed 4 as the last digit of his SSN. This form shows that corrections were to be made Army Reserve Personnel Data to show 7 as the last digit of his SSN.
7. The applicant submits a printout from the Social Security Administration verifying that 7 is the last digit of his SSN. He also submits a copy of his Social Security Card which shows 7 as the last digit of his SSN.
8. Army Regulation 635-5 (Separation Documents) 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. It states 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 applicants contentions have been noted. His supporting documents have been considered.
2. Clearly an error was made in Special Orders Number 278, which resulted in the last digit of the applicants SSN be shown as 4 instead of 7. His DD Form 214 was subsequently prepared showing 4 as the last digit of his SSN.
3. A NAC was completed on him on 18 January 1967 and he has submitted a printout from the Social Security Administration verifying that 7 is the last digit of his SSN. His Social Security Card shows 7 as the last digit of his SSN and his DD Form 214 should be corrected to show the SSN shown on his Social Security Card.
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 amending item 3 on his DD Form 214 to show the SSN 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) AR20110015052
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ABCMR Record of Proceedings (cont) AR20110015052
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