IN THE CASE OF:
BOARD DATE: 17 April 2012
DOCKET NUMBER: AR20110020308
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-x20x instead of xxx-xx-x02x.
2. The applicant states this is the first time since his release from active duty (REFRAD) that he has viewed/needed/used his DD Form 214. He found the error on the date of his request.
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 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 was inducted into the Army of the United States in Detroit, MI on 19 September 1968. At the time of his induction his SSN was recorded as xxx-xx-x20x.
3. He completed his basic training at Fort Knox, KY and his advanced individual training as a cannoneer at Fort Sill, OK before being transferred to Vietnam on
6 February 1969.
4. He departed Vietnam on 5 February 1970 and he was transferred to Fort Sill where he served until he was honorably REFRAD on 18 June 1970 to attend school. He had served 1 year and 9 months of total active service. The
DD Form 214 he was issued at the time shows his SSN as xxx-xx-x02x.
5. A review of his official records show his SSN was recorded throughout his records as xxx-xx-x20x.
6. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that the DD Form 214 should be prepared to reflect information that exists in official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the SSN on his DD Form 214 is incorrect has been noted and found to have merit. Not only has the applicant provided sufficient evidence to show the SSN on his DD Form 214 is incorrect, but all of the documents in his official records containing his SSN show the SSN he claims is correct.
2. Accordingly, it is reasonable to presume that an administrative error occurred during the preparation of his DD Form 214 at the time of his REFRAD. Therefore, his SSN should be corrected at this time.
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 his DD Form 214 the current SSN entry and replacing it with the 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) AR20110020308
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110020308
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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