IN THE CASE OF:	  

		BOARD DATE:  14 February 2012

		DOCKET NUMBER:  AR20110017232


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.  Through his Member of Congress, the applicant requests the correction of certain Department of Defense and Department of the Army documents, to show his social security number (SSN) as "XX9-XX-XXX0," instead of "XX4-XX-XXX9." These documents include:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 256A (Honorable Discharge Certificate)
* Letter Orders Number 08-1044574, U.S. Army Administration Center, St. Louis, MO, dated 18 August 1970

2.  The applicant states he has been trying for some time to obtain a firearms permit, but has been unable to do so since his SSN is incorrectly shown on certain required documents.  He states he has tried numerous times to get this issue corrected.  He appeals to his Member of Congress for assistance.  

3.  The applicant provides:

* DD Form 214
* DD Form 256A
* Letter Orders Number 08-1044574
* 2006 Internal Revenue Service (IRS) Form 1098 (Mortgage Interest Statement)
* 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 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.  On 1 September 1964, he enlisted in the New York Army National Guard (NYARNG) for a 6-year term.  Item 2 (Service Number) of his DD Form               4 (Enlistment Record – Armed Forces of the United States) shows his service number instead of his SSN, and his SSN does not appear on the form.    

3.  On 6 January 1965, he entered active duty for the purpose of attending initial active duty for training.  On 28 May 1965, he was honorably released from active duty and transferred back to the control of the NYARNG.  Item 2 (Service Number) of his DD Form 214 shows his service number; however, item 32 (Remarks) shows his SSN as "XX9-XX-XXX0."  He authenticated this form by placing his signature in the appropriate block.

4.  On 12 November 1968, he was honorably discharged from the NYARNG and transferred to the U.S. Army Reserve (USAR).  Item 2 (Service Number) of his National Guard Bureau (NGB) Form 22 shows his service number; however, his SSN does not appear on the form.

5.  On 13 November 1968, he entered active duty.  On 20 December 1969, he was honorably released from active duty and transferred to the USAR Control Group (Stand-By).  Item 3 (SSN) of his DD Form 214 shows his SSN as       "XX4-XX-XXX9."    

6.  Letter Orders Number 08-1044574, U.S. Army Administration Center, St. Louis, MO, dated 18 August 1970, honorably discharged him from the USAR Control Group (Stand-By), effective 31 August 1970.  His SSN is shown on this order as "XX4-XX-XXX9."



7.  His Military Personnel Records Jacket (MPRJ) contains various documents that show both the requested SSN (XX9-XX-XXX0) and the contested SSN (XX4-XX-XXX9); however, the vast majority of documents within his MPRJ show his SSN as "XX9-XX-XXX0."

8.  He submitted his 2006 IRS Form 1098 and his social security card, both of which show his SSN as "XX9-XX-XXX0." 

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of certain documents within his record to show his SSN as "XX9-XX-XXX0."

2.  The evidence of record shows he accurately represented his SSN throughout his military service, as evidenced by the overwhelming majority of documents within his MPRJ that contain the requested SSN.  

3.  It appears that his DD Form 214, DD Form 256A, and Letter Orders Number 08-1044574 were prepared incorrectly and he did not notice his SSN was incorrect prior to authenticating his DD Form 214.  Nonetheless, the majority of documents in his record show his SSN as "XX9-XX-XXX0," consistent with his SSN as shown on his social security card.  Therefore, it would be appropriate to grant relief by correcting his DD Form 214, DD Form 256A, and Letter Orders Number 08-1044574 to show his 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:

* amending item 3 of his DD Form 214, for the period ending 20 December 1969, by deleting the current SSN and replacing it with the SSN as shown on his social security card
* issuing him a new DD Form 256A that shows his SSN as it appears on his social security card
* amending Letter Orders Number 08-1044574, U.S. Army Administration Center, St. Louis, MO, dated 18 August 1970, to show his SSN as it appears 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)                                         AR20100012506



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ABCMR Record of Proceedings (cont)                                         AR20110017232



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