IN THE CASE OF:
BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110016189
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
22 November 1967 to show his social security number (SSN) as "xxx-xx-x4xx" instead of "xxx-xx-x5xx."
2. The applicant states his SSN is incorrect on his DD Form 214.
3. The applicant provides his evidence through counsel.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests correction of the applicant's DD Form 214 for the period ending 22 November 1967 to show his SSN as "xxx-xx-x4xx."
2. Counsel states the mistake in the applicant's SSN is a clerical error made by the Army and should be corrected so that he can obtain his Department of Veterans Affairs (DVA) benefits with greater ease.
3. Counsel provides:
* A self-authored letter, dated 29 July 2011
* Two self-authored statements by the applicant
* A Social Security Administration (SSA) print out, dated 26 July 2011
* The applicant's DD Forms 214 for the period ending 22 November 1967 and 8 July 1971
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's military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents submitted by him for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army for
2 years on 18 August 1966. A copy of his induction paperwork for this period of service is not available for review with this case.
4. He was honorably discharged on 22 November 1967 for the purpose of enlistment in the Regular Army (RA). Item 3 (SSN) of his DD Form 214 for this period of service listed his SSN as "xxx-xx-x5xx."
5. He enlisted in the RA for 6 years on 13 July 1970. He was honorably discharged on 8 July 1971 for the purpose of immediate reenlistment. Item 3 of his DD Form 214 for this period of service listed his SSN as "xxx-xx-x4xx."
6. He provided a letter from the SSA that contains a name similar to his and the SSN as "xxx-xx-x4xx" as evidence of his correct SSN.
DISCUSSION AND CONCLUSIONS:
For historical purposes, the U.S. Army has an interest in maintaining the integrity of its records. In this regard, the information contained therein should reflect the
conditions and circumstances that existed at the time the records were created and under which the military service was performed. It appears the applicant's DD Form 214 for his first period of service, ending on 22 November 1967 inadvertently listed his SSN with the number "5" instead of the number "4" in the seventh digit. Therefore, this form should be corrected to list the 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 for the period ending 22 November 1967 the current entry and replacing it with the SSN as shown on the SSA letter and item 3 of his DD Form 214 for the period ending 8 July 1971.
_______ _ 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) AR20110016189
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110016189
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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