IN THE CASE OF:
BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110015562
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 27 April 1988 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 88 as the fourth and fifth digits.
2. The applicant states all his records other than the DD Form 214 in question list his correct SSN using 88 as the fourth and fifth digits.
3. The applicant provides the DD Form 214 in question in support of his application.
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 record shows the applicant enlisted in the Regular Army on 2 August 1985. The DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) prepared to document this and his DA Form 2-1 (Personnel Qualification Record), prepared on 6 August 1985, lists his SSN using 88 as the fourth and fifth digits in item 2 (SSN).
3. The vast majority of documents in the applicant's Military Personnel Records Jacket (MPRJ) list his SSN using 88 as the fourth and fifth digits with the exception of a DA Form 1811 (Physical Data and Aptitude Test Scores Upon Release from Active Duty), dated 27 April 1988, lists the SSN using 02 as the fourth and fifth digits.
4. The MPRJ contains 369th Personnel Service Company Orders 17-71, dated 20 February 1988, reassigning the applicant to the separation center and releasing him from active duty list his SSN using 88 as the fourth and fifth digits in the standard name line.
5. On 27 April 1988, the applicant was honorably REFRAD, in the rank of specialist four/E-4, after completing 2 years, 8 months, and 26 days of active military service. The DD Form 214 he was issued lists his SSN using 02 as the fourth and fifth digits in item 3.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct the SSN listed in item 3 of his 27 April 1988 DD Form 214 has been carefully considered and found to have merit.
2. The evidence of record confirms the applicant entered active duty and served under the SSN containing 88 as the fourth and fifth digits, as evidenced by the DD Form 4, DA Form 2-1, along with the vast majority of documents in his MPRJ. As a result, it is clear the SSN entry on the applicant's 27 April 1988 DD Form 214 containing the numbers 02 as the fourth and fifth digits of the SSN was the result of an administrative error. Therefore, it would be appropriate to correct this document accordingly.
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 of his 27 April 1988 DD Form 214 by deleting the current SSN and adding the SSN as it is listed on his DD Form 4.
_______ _ 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) AR20110015562
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