IN THE CASE OF:
BOARD DATE: 20 Mar 2012
DOCKET NUMBER: AR20110018255
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-XX-XXX5" instead of "XXX-XX-XXX4."
2. The applicant states his SSN was entered incorrectly when it was typed on his DD Form 214.
3. The applicant provides his evidence through counsel.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests correction of the applicants DD Form 214 to show his correct SSN.
2. Counsel states during the outprocessing phase of his military service, an error was made on the DD Form 214 listing his SSN incorrectly. The SSN should be corrected to prevent problems in the future related to any veterans, Social Security, or other benefits to which he may be entitled.
3. Counsel provides a letter from the Social Security Administration, a copy of the applicant's social security card, and 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. The applicant enlisted in the Army National Guard and entered active duty on 15 October 1961 and held the military occupational specialty 622.10 (Engineer Equipment Repairer).
3. His record contains a DA Form 41 (Record of Emergency Data), dated
7 November 1964, which shows his SSN as "XXX-XX-XXX5."
4. His record contains a DA Form 24 (Service Record) which shows his SSN as "XXX-XX-XXX5."
5. On 8 August 1962, he was honorably released from active duty, item 32 (Remarks) of his DD Form 214 lists his SSN as "XXX-XX-XXX4."
6. The applicant provided a letter from the Social Security Administration and a copy of his social security card that contains the same name as the applicant and SSN "XXX-XX-XXX5."
DISCUSSION AND CONCLUSIONS:
1. The applicant consistently used SSN "XXX-XX-XXX5" throughout his period of military service. It appears his DD Form 214 inadvertently lists his SSN as "XXX-XX-XXX4."
2. For historical purposes, the U.S. Army has an interest in maintaining the integrity of its records. In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. The applicant was inducted using SSN XXX-XX-XXXX5; therefore, his DD Form 214 should be corrected to show the same SSN at the time of separation.
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 listing his SSN on his DD Form 214 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) AR20110018255
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ABCMR Record of Proceedings (cont) AR20110018255
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