IN THE CASE OF:
BOARD DATE: 8 March 2012
DOCKET NUMBER: AR20110018131
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, in effect, 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-XXX9," instead of "XXX-XX-XXX5."
2. The applicant states his correct SSN is XXX-XX-XXX9.
3. The applicant provides 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 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. The applicant enlisted in the Regular Army (RA) on 1 March 1967. 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 7 March 1967, he completed a DD Form 398 (Statement of Personal History), in which he listed his SSN as "XXX-XX-XXX9."
4. On 6 April 1967, a DA Form 2784 (Request For and Results of Personnel Security Action) was completed on the applicant, in which a background investigation was initiated. In item 3 (Service/SSN) of this form, his SSN is shown as "XXX-XX-XXX9." On 31 August 1967, the results of his background investigation were reported to his unit. The corresponding Dossier Number under which his results were associated was "XXX-XX-XXX9."
5. Item 1 (Name (Last, First, Middle Initial) and Service Number) of his DA Form 20 (Enlisted Qualification Record) shows his SSN as "XXX-XX-XXX9."
6. His SSN appears on numerous documents throughout his military personnel records jacket. When used, his SSN is primarily shown as "XXX-XX-XXX9." When required he authenticated these documents by placing his signature where necessary.
7. On 25 January 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 3 of his DD Form 214 shows his SSN as "XXX-XX-XXX5."
8. He provides his social security card, which shows his SSN as "XXX-XX-XXX9."
9. 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 with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his SSN as "XXX-XX-XXX9" was carefully considered and was determined to have merit.
2. The evidence of record shows that upon his enlistment in the RA, he listed his SSN as "XXX-XX-XXX9." He consistently used this SSN throughout his entire period of military service, as the majority of the personnel documents contained
within his records list this SSN. When necessary, he authenticated these documents by placing his signature in the appropriate place indicating that
"XXX-XX-XXX9" was his correct SSN.
3. It appears that his SSN was erroneously listed on his DD Form 214, he did not see the error, and he authenticated his DD Form 214. Nonetheless, the majority of documents in his record show his SSN as "XXX-XX-XXX9," which is consistent with the SSN that is shown on his social security card.
4. In view of the foregoing, it can be concluded that the entry of his SSN on his DD Form 214 was incorrect as a result of a clerical error; therefore, it would be appropriate to grant relief by correcting his DD Form 214 to show his SSN as it is 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 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 by deleting the current SSN and 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) AR20100016576
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110018131
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