BOARD DATE: 22 March 2012
DOCKET NUMBER: AR20110018861
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 reissued DD Form 214 (Report of Separation from Active Duty) with an effective date of 28 June 1967 to reflect the Social Security number (SSN) shown on his Social Security card.
2. The applicant states, in effect, the fourth and fifth digits of his SSN should be 34 instead of 23.
3. The applicant provides his:
* reissued DD Form 214
* 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. He was inducted into the Army of the United States on 10 April 1959. There is no SSN shown on his DD Form 47 (Record of Induction) because Soldiers were not identified by their SSN's at that time.
3. On 13 March 1961, he was discharged for the purpose of immediate enlistment in the Regular Army. Item 32 (Remarks) of his DD Form 214 contains an entry showing his SSN with the fourth and fifth digits as 34.
4. He immediately enlisted in the Regular Army on 14 March 1961. His DD Form 4 (Enlistment Record Armed Forces of the United States) does not contain an entry for his SSN.
5. On 28 June 1967, he was discharged by reason of the expiration of his term of service. He completed 6 years of active service that was characterized as under honorable conditions. He had 107 days of lost time. His DD Form 214 shows his SSN with the fourth and fifth digits as 34.
6. On 24 May 1977, the characterization of his discharge was upgraded to honorable under the Department of Defense Discharge Review Program (Special). He was reissued a DD Form 214 that shows his SSN with the fourth and fifth digits as 23.
7. The Social Security card he submitted shows his SSN with the fourth and fifth digits as 34.
DISCUSSION AND CONCLUSIONS:
It is clear that when his discharge was upgraded and he was reissued a DD Form 214, his SSN was transcribed in error. Therefore, it is appropriate to correct his SSN on his reissued DD Form 214 to show the fourth and fifth digits as 34.
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 reissued DD Form 214 to show his SSN as 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) AR20110018861
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110018861
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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