BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110015086
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) for the period ending 22 August 1968 to show his SSN as
X2X-XX-XX2X instead of X7X-XX-XX7X.
2. He states his SSN as shown on his DD Form 214 is obviously in error and is inconsistent with his Internal Revenue Service tax records, the Social Security Administration, and other official agencies' records. He states there was a typographical error when this form was completed in 1968.
3. He provides his DD Form 214; 1967 Form W-2 (Wage and Tax Statement); 1968 and 2010 Individual Income Tax Returns; and The Commonwealth of Massachusetts Resident Individual Tax Return.
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. He was commissioned as a U.S. Army Reserve second lieutenant on 12 June 1965 and entered active duty on 28 September 1966. At the time of his entry on active duty, he was assigned and identified throughout his military service with an Army Service Number.
3. His records contain a DD Form 398 (Statement of Personal History) completed and signed by the applicant on 9 December 1963. This form reflects his SSN as X2X-XX-XX2X.
4. He provided a copy of his active Army Form W-2 for the 1967 calendar year. This form shows his SSN as X2X-XX-XX2X.
5. His DA Form 66 (Officer Qualification Record) shows his SSN as
X7X-XX-XX7X. It appears this entry was made at a date later than his name and service number.
6. He was honorably released from active duty on 22 August 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. Item 3 of his DD Form 214 for this period of service shows his SSN as X7X-XX-XX7X.
7. The other few active duty related documents in his records containing an SSN show it as X7X-XX-XX7X.
8. His post-active duty U.S. Army Reserve records contain:
a. a U.S. Army Administration Center (USAAC) Form 170 (Army Reserve Personnel Data Review), dated 29 January 1969, signed by the applicant indicating he requested his SSN be shown as X2X-XX-XX2X; and
b. USAAC Form 172 (Option to Extend Ready Reserve Obligation), USAAC Form 173 (Screening the Standby Reserve), Transcript of Master Personnel Record (Officer), USAAC 115 (Statement of Retirement Points), U.S. Army Administration Center Letter Orders Number 05-1077221, and two National Personnel Records Center labels on the outside of his personnel records folder showing an SSN of X2X-XX-XX2X.
9. The 1968 and 2010 Individual Income Tax Returns and The Commonwealth of Massachusetts Resident Individual Tax Return he provided show his SSN as X2X-XX-XX2X.
DISCUSSION AND CONCLUSIONS:
1. His active Army 1967 Form W-2, DD Form 398, USAAC Form 170, USAAC Form 172, USAAC Form 173, Transcript of Master Personnel Record (Officer), USAAC 115, U.S. Army Administration Center Letter Orders Number
05-1077221, and two National Personnel Records Center labels on his personnel records folder show an SSN of X2X-XX-XX2X.
2. His DA Form 66 shows his SSN as X7X-XX-XX7X. It appears the second and eighth digits of his SSN were transcribed in error on his DA Form 66, the error was perpetuated throughout his military career. As such, it would be appropriate to correct this DD Form 214 to show his SSN as shown on his DD Form 398.
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 was sufficient to warrant a recommendation for relief. As a result, the Board recommends the DD Form 214 for the period ending 22 August 1968 of the individual concerned be corrected by amending item 3 to show the SSN as shown on his DD Form 398.
_______ _ 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) AR20110015086
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ABCMR Record of Proceedings (cont) AR20110015086
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