IN THE CASE OF:
BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110017775
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-48-xxxx" instead of "xxx-28-xxxx."
2. The applicant states the SSN listed on his DD Form 214 is incorrect.
3. The applicant provides copies of his:
* social security card
* DD Form 214, effective 17 December 1968
* U.S. Army Reserve, Discharge Orders, dated 19 December 1972
* Honorable Discharge Certificate, dated 1 January 1973
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 record contains various documents that show the fourth digit of his SSN as either 2, 4, or 6. He enlisted in the Regular Army on 17 January 1967.
3. The applicant completed a DD Form 398 (Statement of Personal History), prior to entry on active duty wherein he entered his SSN with "4" as the fourth digit.
4. His DA Form 20 (Enlisted Qualification Record) shows the fourth digit of his SSN as "2."
5. Special Orders Number 352 issued by Headquarters, U.S. Army personnel Center, Fort Lewis, WA show the fourth digit of his SSN as "2."
6. His DA Form 41 (Record of Emergency Data) and General Orders Number 5500, issued by the 4th Infantry Division, dated 8 October 1968, awarding him the Army Commendation Medal, show the fourth digit of his SSN as "6."
7. He provides a social security card and separation documents, dated after the period covered by his DD Form 214, which show the fourth digit of his SSN as "4."
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states 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 be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows prior to the applicant's entry on active duty he indicated the fourth digit of his SSN was a "4." However, his records contain various documents that list the fourth digit of his SSN as either 2, 4, or 6. It is unclear how this administrative error was repeated throughout his period of service and eventually transcribed incorrectly on his DD Form 214, but it would be appropriate to correct his DD Form 214 to show the SSN listed 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 amending his DD Form 214 by:
* deleting the current SSN in item 3 (Social Security Number)
* adding the SSN as it is 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) AR20110017775
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110017775
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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