BOARD DATE: 8 May 2012
DOCKET NUMBER: AR20110021018
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 "0622" as the last four digits of his social security number (SSN), instead of "2600."
2. He states at the time of his induction, his SSN was incorrectly listed.
3. He provides copies of his:
* DD Form 214
* 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. He was inducted into the Army of the United States on 19 September 1968. His SSN was not listed on the DD Form 47 (Record of Induction).
3. Prior to his induction, he completed a DD Form 398 (Statement of Personal History) on which he listed his SSN using the last four digits "2600."
4. The applicant's record contains numerous documents completed during the period 19 September 1968 through 25 April 1970. All documents which contain an SSN show the last four digits as "2600."
5. On 25 April 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve service obligation. Item 3 (SSN) of his DD Form 214 shows his SSN with "2600" as the last four digits.
6. His record contains USAR Personnel and Administration Center, Letter Orders Number 08-1278388, dated 20 August 1974. This document shows he was honorably discharged from the USAR at the expiration of his service obligation. The SSN shown on this order depicts the last four digits "0622."
7. He provides a copy of his social security card, which identifies his SSN with "0622" as the last four 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 incorrectly listed his SSN prior to his induction and this is the SSN which was used for the remainder of his active duty service; however, an official order shows that at the time he was discharged from the USAR, his SSN was correctly listed.
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) AR20110021018
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ABCMR Record of Proceedings (cont) AR20110021018
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