IN THE CASE OF:
BOARD DATE: 12 April 2012
DOCKET NUMBER: AR20110020099
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 item 3 (Social Security Number (SSN)) on her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the second and third digits as 26 instead of 62.
2. The applicant states the SSN shown on her DD Form 214 is incorrect.
3. The applicant provides copies of the following:
* Social Security Card
* DD Form 214, dated 25 June 1969
* DD Form 215 (Correction to 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 Regular Army on 11 July 1968. Her DD Form 4 (Enlistment Contract) shows the second and third digits of her SSN as 26.
3. Her official military record contains a DD Form 398 (Statement of Personal History) which also shows 26 as the second and third digits of her SSN. The second and third digits of her SSN are shown as 26 on every document contained therein.
4. She was honorably discharged from the Army on 25 June 1969. Item 3 on the DD Form 214 she received shows 62 as the second and third digits of her SSN.
5. On 27 January 1978, the applicant was issued a DD Form 215 by The Adjutant General, which also shows 62 as the second and third digits of her SSN.
6. The applicant submits copies of her Social Security Card showing the second and third digits of her SSN as 26.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted. Her supporting evidence has been considered.
2. It appears that errors were made during the preparation of the applicants
DD Forms 214 and 215, which resulted in the incorrect SSN being reflected therein.
3. The evidence of record and the applicant's Social Security Card clearly shows the second and third digits of her SSN are 26. Her DD Forms 214 and 215 should be amended to show her correct SSN.
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 amending her DD Form 214, dated 25 June 1969, and her DD Form 215, dated 27 January 1978, to show the second and third digits of her SSN as indicated on her 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) AR20110020099
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ABCMR Record of Proceedings (cont) AR20110020099
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