IN THE CASE OF:
BOARD DATE: 14 February 2012
DOCKET NUMBER: AR20110016027
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 "xx7-xx-xxxx" rather than "xx2-xx-xxxx."
2. The applicant states the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides:
* DD Form 214
* Special Orders Number 9, Headquarters, U.S. Army Armor School, Fort Knox, KY, dated 10 January 1968
* Special Orders Number 220, Headquarters, 5th Infantry Division (Mechanized) Fort Carson, CO, dated 8 August 1969
* Honorable Discharge Certificate
* DA Form 3686 (Leave and Earnings Statement) for the period 1-30 June 1984
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 enlisted in the Regular Army on 16 June 1967. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman). The highest rank/grade he attained while on active duty was sergeant/E-5.
3. The SSN "xx7-xx-xxxx" appears throughout the applicant's military personnel records to include his DA Form 20 (Enlisted Qualification Record).
4. The SSN "xx2-xx-xxxx" appears only on his DA Form 1811 (Physical and Mental Status on Release from Active Service) and his DD Form 214.
5. On 15 June 1970, the applicant was honorably released from active duty and transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation. He completed 2 years of active military service.
6. On 29 July 1981, the applicant enlisted in the Army National Guard using SSN "xx7-xx-xxxx." The SSN "xx7-xx-xxxx" appears throughout his record during his period of service with the Army National Guard.
7. The applicant provides extracts from his military records showing his SSN as "xx7-xx-xxxx."
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. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's 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:
The evidence of record shows the applicant's SSN as "xx7-xx-xxxx" at the time of his enlistment and throughout his records. Therefore, it would be appropriate to correct item 3 of his DD Form 214 to reflect this SSN.
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 his DD Form 214 to show his SSN as it is listed on his DA Form 20.
__________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) AR20110016027
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ABCMR Record of Proceedings (cont) AR20110016027
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