IN THE CASE OF:
BOARD DATE: 24 April 2012
DOCKET NUMBER: AR20110020135
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-xx6x" instead of "xxx-xx-xx5x."
2. The applicant states that the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides his DD Form 214 and 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. The applicant was inducted into the Army of the United States on 10 February 1965. His DD Form 47 (Record of Induction) listed his service number; it did not list his SSN.
3. His DD Form 398 (Statement of Personal History) which would have been completed in connection with his induction and would have shown his SSN is not available for review with this case.
4. His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty, did not list his SSN.
5. His service record contains a DA Form 41 (Record of Emergency Data), dated 10 February 1965, that listed his SSN as "xxx-xx-xx6x" (the number "6" in the eighth digit.
6. He was honorably released from active duty on 24 January 1967. Item 32 (Remarks) of his DD Form 214 shows his SSN as "xxx-xx-xx5x" (a "5" is listed as the eighth digit).
7. He provides a copy of a social security card which lists his name and SSN as "xxx-xx-xx6x."
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, 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:
The applicants service record contains at least one document that listed the requested number. It appears this is the SSN he served under. It also appears when his DD Form 214 was submitted it inadvertently listed the incorrect SSN. Therefore, he is entitled to correction of his DD Form 214 to show the number "6" as the eighth 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 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 32 of his DD Form 214 the current SSN and adding 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) AR20110020135
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ABCMR Record of Proceedings (cont) AR20110020135
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