IN THE CASE OF:
BOARD DATE: 18 April 2012
DOCKET NUMBER: AR20110020497
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 "02" as the eighth and ninth digits of his social security number (SSN), instead of "20."
2. He states his DD Form 214 contains the wrong SSN.
3. He provides copies of:
* His DD Form 214
* A Medicare Health Insurance card
* 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 on 21 October 1966. His DD Form 47 (Record of Induction) listed his service number and not his SSN.
3. The majority of the documents in his available record contain his service number, not his SSN; however, prior to his induction, he completed a DD Form 398 (Statement of Personal History) in which he listed his SSN with "02" as the eighth and ninth digits.
4. On 27 October 1966, a DA Form 3027 (U.S. Army Request for National Agency Check) was initiated. The SSN reflected on this document shows "02" as the eighth and ninth digits.
5. The applicant's record contains a DA Form 20 (Enlisted Qualification Record), which shows the SSN on page 1. The SSN shown has "20" as the eighth and ninth digits.
6. On 12 October 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 3 (SSN) of his DD Form 214 shows his SSN with "20" as the eighth and ninth digits.
7. He provides a copy of his Medicare Health Insurance card and his social security card, which identify his SSN with "02" as the eighth and ninth digits.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that the information entered on the form be complete and accurate, reflecting the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he was primarily identified by his service number during his period of military service; however, his records contain certain documents that contain the requested SSN and a select few other documents that contain the "incorrect" SSN. Given his submitted evidence, it is not unreasonable to conclude this discrepancy resulted from clerical error.
2. In view of the foregoing, it would be appropriate to grant relief by correcting his DD Form 214 to show his correct 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 from item 3 of his DD Form 214 the current SSN 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) AR20110020497
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110020497
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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