BOARD DATE: 22 March 2012
DOCKET NUMBER: AR20110018700
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 "xxx-76-xxx" instead of "xxx-67-xxxx."
2. The applicant states his SSN is incorrectly listed on his DD Form 214.
3. The applicant provides:
* DD Form 214
* Social Security Card
* Department of Veterans Affairs (VA) 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. In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as "xxx-76-xxxx." He authenticated this form by placing his signature in the appropriate block.
3. He enlisted in the RA and entered active duty on 16 August 1967. His
DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his service number; it did not list his SSN.
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his SSN as "xxx-67-xxxx" (the numbers "67" are in the fourth and fifth digits). He reviewed this form at a later date and placed his signature in the appropriate block.
5. His service records contain:
a. various personnel records, including awards orders, military occupational specialty orders, promotion orders, a record of emergency data, National Agency Check Request, and multiple correspondence from the Army Discharge Review Board (ADRB) listing his SSN as "xxx-76-xxxx" (the requested SSN).
b. various personnel records, including reduction orders, court-martial orders, a record of court-martial conviction, Record of Proceedings under Article 15, and a separation packet listing his SSN as "xxx-67-xxxx" (the contested SSN).
6. He was discharged from active duty on 5 February 1969. Item 3 (SSN) of his DD Form 214 shows his SSN as "xxx-67-xxxx."
7. Subsequent to his discharge, and as a result of the ADRB review of his records:
* his original DD Form 214 was voided
* he was issued multiple DD Forms 215 (Correction to DD Form 214) on 17 December 1971 and 21 July 1978
* he was ultimately reissued a final DD Form 214
* all of these forms listed his SSN as "xxx-67-xxxx"
8. He provides a copy of a Social Security Card and a VA Card both of which contains the same name as that of the applicant and the SSN "xxx-76-xxxx" (the requested SSN).
9. 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. The evidence of record shows at the time of his enlistment, the applicant listed his SSN as "xxx-76-xxxx" (the requested SSN). It appears when his DA Form 20 was created the contested SSN was entered. The problem was further compounded with some of his documents listing the contested SSN while others listed the requested SSN.
2. It is clear that a typographical error led to this discrepancy and the use of two SSN's throughout his period of military service. Nevertheless, when he enlisted he disclosed his SSN as "xxx-76-xxxx" (the requested SSN). This should have been the SSN used by Army officials throughout his period of 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.
4. Therefore, the SSN that was used at the time of induction should have been used at the time of discharge. He is entitled to the requested relief.
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
* adding to item 3 of his DD Form 214 the SSN as it is listed 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) AR20110018700
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ABCMR Record of Proceedings (cont) AR20110018700
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