IN THE CASE OF:
BOARD DATE: 26 April 2012
DOCKET NUMBER: AR20110021251
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 social security number (SSN) shown on his 26 January 1976 DD Form 214 (Report of Separation from Active Duty).
2. The applicant states his correct SSN is XXX-86-XXXX, not XXX-96-XXXX as listed on his DD Form 214.
3. The applicant provides a copy of his social security card in support of his 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 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. The applicant enlisted in the Regular Army on 31 January 1974. He served on active duty for 1 year, 11 months, and 26 days until 25 January 1976 at which time he was honorably released from active duty in the rank of specialist four. There are no documents related to this period of service contained in the record provided other than the DD Form 214 in question.
3. On 9 February 1976, the applicant enlisted in the Army National Guard (ARNG). The DD Form 4 (Enlistment Contract Armed Forces of the United States) prepared for this enlistment shows his SSN as XXX-86-XXXX.
4. The applicant's DA Form 2-1 (Personnel Qualification Record) which was prepared on 14 May 1990 and last reviewed on 9 March 1995 lists his SSN as XXX-86-XXXX. All documents in the applicant's Military Personnel Records Jacket (MPRJ) that contain an SSN list it as XXX-86-XXXX. There are no documents in the record listing the SSN as XXX-96-XXXX as shown on the DD Form 214 in question.
5. On 8 February 1996, the applicant was honorably discharged from the ARNG in the rank of sergeant after completing a total of 22 years and 8 days of military service. The National Guard Bureau Form 22 (Report of Separation and Record of Service) he was issued at the time lists his SSN as XXX-86-XXXX.
6. North Carolina ARNG Orders 43-35, dated 26 February 1996, directed the applicant's discharge from the ARNG and transfer to the Retired Reserve. These orders list his SSN as XXX-86-XXXX in the standard name line (SNL).
7. Headquarters, U.S. Army Human Resources Command, Orders P09-927493, dated 27 September 2010, directed the applicant's placement on the Retired List on 25 September 2010. The SNL of these orders list the applicant's SSN as XXX-86-XXXX.
8. The applicant provides his social security card that shows his SSN as
XXX-86-XXXX.
9. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 2-1 would be the primary source record for information entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct the SSN listed on his 26 January 1976 DD Form 214 has been carefully considered and found to have merit.
2. The evidence of record confirms the applicant performed at least his later military service under SSN XXX-86-XXXX as evidenced by the DA Form 2-1 and all documents on file in the MPRJ that contain an SSN. As a result, it appears the SSN entered on his DD Form 214 in question was the result of an administrative error. Therefore, it would be appropriate to correct this document accordingly.
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 26 January 1976 DD Form 214 by deleting the current SSN and replacing it with the SSN as shown on his social security card and throughout his record.
____________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) AR20110021824
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110021251
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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