IN THE CASE OF:
BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110015692
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 "0" as the first digit of his social security number (SSN), instead of "6."
2. The applicant states his DD Form 214 contains the wrong SSN. He further states he has no idea how the error occurred. He only recently discovered it when he used his DD Form 214 to obtain medical care at a Department of Veterans Affairs (VA) hospital.
3. The applicant provides his DD Form 214, a printout from the Social Security Administration (SSA), and a photocopy 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 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. The applicant was inducted into the Army of the United States (AUS) on 20 December 1965. His DD Form 47 (Record of Induction) listed his service number and not his SSN.
3. His record contains two documents in which his SSN is identified with a "0" as the first digit: his DA Form 20 (Enlisted Qualification Record) and DA Form 41 (Record of Emergency Data).
4. The majority of the documents in his available record contain his service number, not his SSN; however, his records contain a select few automated or typewritten documents in which his SSN is identified with a "6" as the first digit. When required, he authenticated these documents by placing his signature where necessary.
5. On 15 December 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 3 of his DD Form 214 shows his SSN with a "6" as the first digit.
6. He provides a statement from the SSA and a copy of his social security card, which identify his SSN with a "0" as the first digit.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that the information entered on the form be complete and accurate, reflecting the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show the number "0" as the first digit of his SSN was carefully considered.
2. The evidence of record shows he was primarily identified by his service number during his period of military service; however, his records contain certain documents that contain the requested SSN and a select few other documents that contain the "incorrect" SSN. Given his submitted evidence, it is not unreasonable to conclude this discrepancy resulted from clerical error.
3. In view of the foregoing, 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) AR20100016576
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ABCMR Record of Proceedings (cont) AR20110015692
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