IN THE CASE OF:
BOARD DATE: 1 March 2012
DOCKET NUMBER: AR20110017863
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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by amending the seventh and eighth digits to reflect 73 instead of 37.
2. He states a typographical error occurred when preparing his DD Form 214.
3. He provides a copy of his DD Form 214.
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. At the time of his 5 August 1966 enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History) in which he used "73" as the seventh and eighth digits of his SSN.
3. On 7 June 1966, he completed a DA Form 41 (Record of Emergency Data) which also shows he used "73" as the seventh and eighth digits in his SSN.
4. His record contains Special Orders Number 196, Headquarters, U.S. Army Personnel Center, dated 15 July 1969. This order shows his SSN with "73" as the seventh and eighth digits.
5. On 15 July 1969, he was honorably released from active duty. Item 3 of his DD Form 214 shows "37" as the seventh and eighth digits in his SSN.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states the purpose of the separation document is to provide the individual documentary evidence of his or her military service. It is important that information entered on the form be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The military personnel file shows the applicant's SSN with "73" as the seventh and eighth digits and this is the SSN that was consistently used throughout his military career.
2. Therefore, his DD Form 214 should be corrected to show the SSN as it is listed on his DA Form 41.
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 the entry in item 3 of his DD Form 214 and listing his SSN as shown on his DA Form 41.
_______ _ _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) AR20110017863
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ABCMR Record of Proceedings (cont) AR20110017863
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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