BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110020882
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 the seventh digit of his social security number (SSN) as "2" versus "3."
2. He states a typographical error was made.
3. He provides the following:
* DD Form 214
* Medicare Health Insurance card
* Letter Orders Numbers 12-537391, dated 1 December 1971 and 11-1446989, dated 22 November 1972
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
12 December 1966. He was honorably released from active duty on
11 December 1968 and credited with 2 years of total active service.
3. A review of his record shows his service number, and his SSN with the seventh digit of "3," were used throughout his military service with the exception of two documents.
4. A review of his record shows the seventh digit of his SSN of "2" appears on the following two forms:
* DD Form 398 (Statement of Personal History), dated 12 December 1966
* DA Form 348 (Equipment Operator's Qualification Record), dated
3 November 1967
5. His DD Form 214, item 3 (SSN), shows the seventh digit of his SSN as "3."
6. His Medicare Health Insurance card; orders transferring him from the U.S. Army Reserve (USAR) to the USAR Control Group Standby Reserve, dated
1 December 1971; and orders discharging him from the USAR, dated
22 November 1972, show the seventh digit of his SSN as "2."
7. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
It appears the applicant's service number and both SSNs were used throughout his military service. However, his Statement of Personal History, Equipment Operator's Qualification Record, and USAR reassignment and discharge orders confirm the seventh digit of his SSN is "2." Therefore, he is entitled to correction of 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 amending his DD Form 214 to show the seventh digit of his SSN as "2" as it appears on his ABCMR application.
_______ _ 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) AR20110020882
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ABCMR Record of Proceedings (cont) AR20110020882
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