IN THE CASE OF:
BOARD DATE: 21 February 2012
DOCKET NUMBER: AR20110016480
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 the social security number (SSN) recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his correct SSN is XX5-76-XXXX. He states he told the personnel administration center upon his discharge in 1969, but no one was willing to correct it.
3. He provides 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 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 (RA) on 17 January 1967.
3. During his enlistment processing, he completed a DD Form 398 (Statement of Personal History). In the SSN block in item 13 (Employment), he entered his SSN as "XX5-76-XXXX."
4. His record includes four orders issued during the period 9 March to 27 August 1968. Each shows his SSN as "XX5-76-XXXX."
5. General orders issued on 20 October 1968 show his SSN as "XX5-67-XXXX."
6. Item 1 (Name (Last, First, Middle Initial) and Service Number) of his DA Form 20 (Enlisted Qualification Record) shows his SSN handwritten as "XX5-76-XXXX."
7. On 8 January 1969, Headquarters, U.S. Army Personnel Center, Oakland, CA, issued Special Orders Number 8 releasing him from active duty and transferring him to the U.S. Army Reserve (USAR). The orders show his SSN as "XX5-67-XXXX."
8. Item 1 (SSN) of his DD Form 214 shows the entry "XX6-67-XXXX."
9. Item 1 (Social Security Account [Number]) of a USAAC Form 170 (Army Reserve Personnel Data Review) signed by the applicant on 20 March 1969 shows the SSN on file was "XX576XXXX."
10. On 19 December 1972, the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, issued Letter Orders Number 12-1473948 discharging him from the USAR effective 1 January 1973. The orders show his SSN as "XX5-76-XXXX."
11. On 10 August 2006, the National Archives and Records Administration (NARA) issued a DD Form 215 (Correction to DD Form 214) adding the Purple Heart to his DD Form 214. Item 3 of the DD Form 215 shows his SSN as
XX6-67-XXXX.
12. He provides a social security card showing his SSN as "XX5-76-XXXX."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the fourth and fifth digits of his SSN were transposed on the orders releasing him from active duty and a further transcription error was introduced in the third digit when the SSN was entered on his DD Form 214. The errors were later carried forward onto his DD Form 215.
2. The record clearly shows he reported his correct SSN when he enlisted and, notwithstanding the errors identified above, this SSN was the SSN of record throughout his RA and USAR service. Therefore, he is entitled to correction of his DD Form 214 and DD Form 214 to show the SSN shown on his social security card.
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:
a. voiding the DD Form 215 issued by NARA on 10 August 2006 and
b. issuing a new DD Form 215 to
* delete the entry from item 3 of his DD Form 214 and replace it with the SSN shown on his social security card
* add the Purple Heart to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) 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) AR20110016480
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ABCMR Record of Proceedings (cont) AR20110016480
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