IN THE CASE OF:
BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110016182
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) for the period ending 13 March 1969 to show his social security number (SSN) as "352-XX-XXXX."
2. The applicant states in effect, that a typographical error resulted in the incorrect SSN being entered on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and 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. A review of documents contained in the applicant's military personnel records show his SSN appears as both "352-XX-XXXX" and "357-XX-XXXX" on several documents dated throughout his tenure of service.
3. Item 13 (Employment SSN) of the applicant's DD Form 398 (Statement of Personal History), dated 8 August 1967, shows his SSN as "352-XX-XXXX." The document contains his signature.
4. Section X (Fingerprints of Right Hand), item 1 (Thumb), of his DD Form 47 (Record of Induction), dated 9 August 1967, shows his SSN as "352-XX-XXXX."
5. His record contains an Enlisted Short Accession Analyst Data Sheet, dated 4 April 1969, which shows his SSN as "352-XX-XXXX."
6. Item 3 (SSN) of the applicant's DD Form 214 for the period ending 13 March 1969 shows his SSN as "357-XX-XXXX."
7. Letter Orders Number 07-1190210 issued by the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 18 July 1973, show the applicant was honorably discharged from the U.S. Army Reserve Control Group (Standby) on 1 August 1973 due to his expiration of term of service. These orders show his SSN as "352-XX-XXXX."
8. The applicant provides a certified copy of his social security card from the Department of Veterans Affairs which shows his SSN as "352-XX-XXXX."
9. 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. This regulation establishes standardized policy for the preparation of the DD Form 214. It states the complete name and SSN of the separating service member will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
His social security card shows his SSN as "352-XX-XXXX." With the exception of several documents, to include the applicant's DD Form 214, his SSN is listed throughout his record as "352-XX-XXXX." Therefore, it appears the SSN on his DD Form 214 for the period ending 1 March 1969 was the result of a typographical error and should be corrected to show his SSN as "352-XX-XXXX."
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 the SSN from item 3 of his DD Form 214 for the period ending 13 March 1969 and adding 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) AR20110016182
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110016182
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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