IN THE CASE OF:
BOARD DATE: 3 May 2012
DOCKET NUMBER: AR20110020698
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 military service records to show his correct social security number (SSN) as "XXX-XX-8956."
2. The applicant states the SSN recorded in his military service records is incorrect. He requires this correction because he is eligible to retire this year.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and Social Security Administration (SSA) Application Summary for Retirement Insurance Benefits.
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. His DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 4 May 1966. The U.S. Armed Forces did not use the SSN at the time of the applicant's induction. However, a typed entry in the top margin of the DD Form 47 shows "Social Security # XXX-XX-8956."
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows his SSN as "XXX-XX-8956."
4. His DD Form 214 shows he was inducted on 4 May 1966, honorably released from active duty (REFRAD) on 23 April 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 20 days of net active service.
b. Item 3 (SSN) shows "XXX-XX-8756."
5. U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri, Letter Orders Number 04-1156262, dated 19 April 1972, honorably discharged the applicant from the USAR effective 3 May 1972. The orders show his SSN as "XXX-XX-8756."
6. The applicant provides a copy of an SSA Summary for Retirement Insurance Benefits, dated 12 October 2011, that shows his SSN as "XXX-XX-8956."
7. Army Regulation 635-5 (Personnel Separations Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It established standardized policy for preparing and distributing the DD Form 214.
a. The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date.
b. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. It states for item 3 to transcribe the SSN from the DA Form 2139 (Military Pay Voucher).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the SSN shown on his DD Form 214 should be corrected.
2. The evidence of record shows the applicant's SSN was correctly recorded on his DD Form 47 upon entry in the Army on 4 May 1966. However, upon his REFRAD on 23 April 1968, an incorrect SSN was recorded on the applicant's DD Form 214.
3. 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 applicant's 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 the current SSN from his DD Form 214 and adding the SSN
"XXX-XX-8956" as shown on his DD Form 47.
_____________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) AR20110020698
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ABCMR Record of Proceedings (cont) AR20110020698
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