IN THE CASE OF:
BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110015836
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 and should read as shown on his social security card.
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 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 enlisted in the Regular Army on 8 November 1966. During his period of service Soldiers were issued service numbers. They were not identified or managed using their SSN's.
3. Special Orders Number 308, Headquarters, U.S. Army Personnel Center, Fort Lewis, Washington, dated 4 November 1969, released the applicant from active duty (REFRAD) and transferred him to the U.S. Army Reserve. These orders show the same SSN as on his social security card. He was issued a DD Form 214 showing an SSN different from that shown on his orders and social security card.
4. The applicant's military records contain the following documents with the same SSN as shown on his social security card:
* DA Form 20 (Enlisted Qualification Record)
* DA Form 41 (Record of Emergency Data)
* DD Form 398 (Statement of Personal History)
* DA Form 3027 (U.S. Army Request for National Agency Check)
* Special Orders Number 308, dated 4 November 1969 (REFRAD)
5. Army Regulation 635-5 (Separation Documents) then in effect required the SSN to be entered in item 3 (SSN) 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 enlisted in the Regular Army, served, and was discharged, all while using a service number.
3. The applicant's military records contain documents showing an SSN different from that on his social security card as well as documents showing the same SSN as on his social security card.
4. The applicant's orders show he was REFRAD under the SSN shown on his social security card.
5. The Army has an interest in maintaining the accuracy 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.
6. In view of the above, the applicant's 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 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 showing the same SSN as indicated on his social security card in item 3 of his DD Form 214.
_______ _ 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) AR20110015836
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ABCMR Record of Proceedings (cont) AR20110015836
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