IN THE CASE OF:
BOARD DATE: 22 March 2012
DOCKET NUMBER: AR20110019099
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-XXX6" instead of "XXX-XX-XXX5."
2. The applicant states he does not know why his SSN is incorrect.
3. The applicant provides a copy of 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 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 induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed "6" as the ninth digit of his SSN. He authenticated this form by placing his signature in the appropriate block.
3. He was inducted into the AUS on 10 January 1966. His DD Form 47 (Record of Induction) lists his service number; it does not list his SSN.
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty lists "5" as the ninth digit of his SSN. He reviewed this form at a later date and placed his signature in the appropriate block.
5. He was issued separation orders on 5 January 1958 by Headquarters, U.S. Army Infantry Center and Fort Benning, Fort Benning, GA. These orders list his SSN with the number "5" as the ninth digit.
6. He was honorably released from active duty on 9 January 1968. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-XXX5."
7. He provides a copy of a Social Security card which lists his SSN as
"XXX-XX-XXX6."
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation provides 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. In connection with his induction into the AUS, the applicant listed an SSN that contained the number "6" as the ninth digit. It appears when his DA Form 20 was created it erroneously listed his SSN with the number "5" as the ninth digit. This incorrect SSN appears on at least one document in his military service record.
2. It appears the problem was further compounded when his DD Form 214 also inadvertently listed the incorrect SSN. Therefore, he is entitled to correction of his DD Form 214 to show the number "6" as the ninth digit of his SSN.
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 deleting the current SSN from item 3 of his DD Form 214 and replacing it with the SSN 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) AR20110019099
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ABCMR Record of Proceedings (cont) AR20110019099
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