IN THE CASE OF:
BOARD DATE: 17 April 2012
DOCKET NUMBER: AR20110020781
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 the Social Security Number (SSN) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the SSN listed on his DD Form 214 is incorrect.
3. The applicant provides his SSN card in support of the application.
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 26 July 1966. The Service Number (SN) was the primary identification number used at the time of his induction and his DD Form 47 (Record of Induction) lists no SSN. A DD Form 398 (Statement of Personal History) completed by the applicant during his induction processing lists his SSN as "xxx-xx-x8xx" which he claims is correct.
3. The applicants record contains a DA Form 20 (Enlisted Qualification Record) that was prepared on him on 12 October 1966, upon his entry on active duty. Item 1 (Name and SN) lists his SSN as "xxx-xx-x8xx."
4. The vast majority of documents and orders in his Military Personnel Records Jacket (MPRJ) that list an SSN show the entry "xxx-xx-x8xx."
5. On 7 July 1968, the applicant was honorably released from active duty to enter or return to school. Item 3 (SSN) of the DD Form 214 he was issued at the time shows the entry "xxx-xx-x3xx."
6. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 20 would be the primary source record for information entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct the SSN listed on his DD Form 214 has been carefully considered and found to have merit.
2. The evidence of record confirms the applicant entered active duty and he served under SSN "xxx-xx-x8xx" as listed on his DD Form 398, DA Form 20, and the majority of documents and orders in his MPRJ, as corroborated and confirmed by the SSN card provided by the applicant. As a result, it appears the SSN entry on the applicant's DD Form 214 was the result of an administrative error.
3. In view of the foregoing, it would be appropriate at this time to correct this
DD Form 214 as recommended below.
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 3 of his DD Form 214 the current entry and replacing it with the SSN as shown on the DA Form 20 and SSN 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) AR20110020781
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ABCMR Record of Proceedings (cont) AR20110020781
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