IN THE CASE OF:
BOARD DATE: 21 February 2012
DOCKET NUMBER: AR20110017062
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 xxx-xx-x6xx" in instead of xxx-xx-x5xx.
2. He states his SSN was incorrectly entered on his DD Form 214.
3. He provides:
* his DD Form 214
* his original Social Security card
* a reissued Social Security card, dated 25 January 2011
* a Form SSA-7028 (Notice to Third Party of Social Security Number Assignments) from the Social Security Administration (SSA)
* an SSA SSN Printout, dated 25 January 2011
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 11 July 1966.
3. A review of his service personnel record shows his SSN is listed as
xxx-xx-x6xx" on the following documents:
* DD Form 398 (Statement of Personal History)
* DA Form 41 (Record of Emergency Data)
* DA Form 3027 (U.S. Army Request for National Agency Check)
* Special Orders Number 116, dated 26 April 1968 (primary military specialty orders)
4. He was released from active duty on 30 June 1969. Item 3 (SSN) of his DD Form 214 shows his SSN as xxx-xx-x5xx.
5. He provided a copy of his Social Security card that shows his SSN as
xxx-xx-x6xx, in addition to documents provided by the SSA confirming his correct SSN.
DISCUSSION AND CONCLUSIONS:
1. The record of evidence shows that documents completed by the applicant during his enlistment processing and his social security card show his SSN as "xxx-xx-x6xx" that he claims is correct.
2. It appears that during the preparation of his DD Form 214 an administrative error occurred resulting in his SSN being recorded as "xxx-xx-x5xx" instead of "xxx-xx-x6xx."
3. In view of the foregoing, item 3 of the applicant's DD Form 214 should be corrected to reflect his correct SSN as 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 deleting from item 3 of his DD Form 214 the current entry and replacing it with the Social Security Number 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) AR20110017062
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110017062
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