IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110017976
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 the seventh digit of his social security number (SSN) as "9" versus "2."
2. He states he was recently made aware of the discrepancy on his
DD Form 214.
3. He provides two DD Forms 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 on 23 November 1964 and was honorably discharged on 23 February 1966 for immediate reenlistment which was accomplished the following day. He was honorably released from active duty on 20 February 1969 and had served on active duty for a total of 4 years, 2 months, and 28 days and
3. A review of his record shows the seventh digit of his SSN of "9" appears on three forms:
* DD Form 398 (Statement of Personal History), dated 1 April 1966
* DA Form 2784 (Request for and Result of Personnel Security Action)
* 23 February 1966 DD Form 214
4. His 20 February 1969 DD Form 214, item 3 (SSN), shows the seventh digit of his SSN as "2."
5. His social security card shows the seventh digit of his SSN as "9."
6. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
It appears the applicant's service number and both SSNs were used throughout his military service. However, his Statement of Personal History, Request for and Result of Personnel Security Action, 23 February 1966 DD Form 214, and his social security card confirm the seventh digit of his SSN is "9." Therefore, he is entitled to correction of his DD Form 214 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 his 20 February 1969 DD Form 214 to show the seventh digit of his SSN as "9" 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) AR20110017976
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ABCMR Record of Proceedings (cont) AR20110017976
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