BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110018638
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 (Report of Separation from Active Duty) to show his social security number (SSN) as "5xx-xx-xxxx" instead of "3xx-xx-xxxx."
2. The applicant states his National Guard Bureau Form 22 (Report of Separation and Record of Service) and all other documents show the correct SSN except his DD Form 214.
3. The applicant provides:
* DD Form 214
* Honorable Discharge Certificate
* Emergency Identification Card
* State Temporary Driving Permit
* Claim Identification 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 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 applicants complete military records are not available to the Board for review. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Indiana Army National Guard (ARNG) on
5 February 1967. His DD Form 4 (Enlistment Record - Armed Forces of the United States) lists his service number; his SSN is not listed.
4. His DD Form 220 (Active Duty Report) shows he entered active duty for training (ADT) on 5 April 1967. This form lists his service number; his SSN is not listed.
5. He completed the training requirements and he was awarded military occupational specialty 63B (Wheel Vehicle Mechanic). He was honorably released from ADT to the control of the State ARNG on 2 August 1967. Item 3 (SSN) of his DD Form 214 shows his SSN as "5xx-xx-xxxx."
6. He was ultimately honorably discharged from the ARNG on 4 February 1973 upon completion of his military service obligation. He was issued an Honorable Discharge Certificate that lists his SSN with the number 3 as the first digit.
7. He provides a State Temporary Driving Permit, dated 28 June 1971; a Claim Identification Card; and an Emergency Identification Card; all of which list the same name as that of the applicant and the SSN "3xx-xx-xxxx" (the requested SSN).
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 should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. Although the applicants complete service records are not available for review with this case, his available records contain at least one document that supports his claim that the SSN listed on his DD Form 214 is incorrect.
2. It appears that at the time he entered the military he listed his SSN as
"3xx-xx-xxxx" (the requested SSN). It also appears that a typographical error led to the discrepancy and the use of two different SSN's throughout his military service.
3. For historical purposes, the U.S. Army has an interest in maintaining the accuracy 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. His DD Form 214 should be corrected to show that 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 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 from item 3 of his DD Form 214 the current SSN and adding the SSN that is shown on his Honorable Discharge Certificate.
_______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) AR20110018638
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ABCMR Record of Proceedings (cont) AR20110018638
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