IN THE CASE OF:
BOARD DATE: 3 May 2012
DOCKET NUMBER: AR20110020379
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 APPLICANTS REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his military service records to show his correct social security number (SSN).
2. The applicant states the SSN recorded in his military service records is incorrect. (On his DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552) the applicant indicates his SSN is "XXX-XX-5146.")
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his request.
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. A DD Form 47 (Record of Induction) shows the applicant was inducted into the Army of the United States on 26 May 1966. (The U.S. Armed Forces did not use the SSN at the time of the applicant's induction.)
3. A DD Form 398 (Statement of Personal History), completed by the applicant on an unspecified date, shows he entered in the SSN block "XXX-XX-7162." (The document filed in his records was not signed by the applicant.)
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows his SSN as "XXX-XX-7162."
5. A DD Form 214 shows the applicant was inducted on 26 May 1966, honorably released from active duty (REFRAD) on 13 May 1968, and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.
a. He completed 1 year, 11 months, and 18 days of net active service.
b. Item 3 shows "XXX-XX-7162."
6. Office of The Adjutant General, USAR Components Personnel and Administration Center, St. Louis, Missouri, Letter Orders Number 04-1132344, dated 19 April 1972, honorably discharged the applicant from the USAR effective 25 May 1972. The orders show his SSN as "XXX-XX-5146."
DISCUSSION AND CONCLUSIONS:
1. It appears the applicant wants his military service records corrected to show his SSN is "XXX-XX-5146."
2. The evidence of record shows the applicant's SSN was not recorded upon entry into the U.S. Army on 26 May 1966. However, at some point during his military service, an incorrect SSN was recorded in his military service records. As a result, upon his REFRAD on 13 May 1968, the incorrect SSN was recorded on his DD Form 214.
3. Records show the orders that subsequently discharged the applicant from the USAR on 25 May 1972 show his correct SSN.
4. Thus, the evidence of record supports the applicant's contention that Army officials entered an incorrect SSN in his military records. Therefore, it would be appropriate to correct the applicants DD Form 214 to show his correct SSN.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board did not agree that relief should be granted based on a single document that does not contain the applicants signature. The Board noted that the applicant signed his DD Form 214 when it had the social security number he contends is incorrect. He also signed his DA Form 20 with the social security number he contends is incorrect, and the DA Form 20 is normally continually reviewed by the Soldier.
2. Therefore, the Board determined that the evidence presented was insufficient to warrant the requested relief.
_______ _ __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) AR20110020379
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110020379
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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