BOARD DATE: 26 April 2012
DOCKET NUMBER: AR20110021391
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 his social security number (SSN) as XXX-68-XXXX vice XXX-65-XXXX.
2. He states the SSN shown on his DD Form 214 is incorrect.
3. He provides his:
* DD Form 214
* SSN printout from the Social Security Administration
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's record shows he was inducted into the Army of the United States on 25 January 1966 and assigned an Army service number and a selective service number.
3. His record contains a DD Form 398 (Statement of Personal History), dated 25 January 1966, which shows his SSN as XXX-68-XXXX.
4. His record contains a DA Form 41 (Record of Emergency Data) which shows his SSN as XXX-68-XXXX.
5. His DA Form 20 (Enlisted Qualification Record) shows his SSN as
XXX-65-XXXX.
6. He was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 24 January 1968. His DD Form 214 shows his SSN as XXX-65-XXXX.
7. His record contains a U.S. Army Accessions Command Form 171 (Army Reserve Status and Address Verification), dated 16 March 1970, which shows his SSN as XXX-65-XXXX in Section B (Information Now on File). Section C (Make Necessary Correction or Change) shows he corrected his SSN to show XXX-68-XXXX.
8. Letter Orders Number 01-1014280, issued by the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 12 January 1972, show his SSN upon discharge from the USAR as
XXX-68-XXXX with "65" handwritten above "68."
9. A thorough review of his official military personnel file shows his SSN appears as both XXX-65-XXXX and XXX-68-XXXX.
10. He provides a copy of an SSN printout from the Social Security Administration which shows his SSN as XXX-68-XXXX.
11. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
According to the available evidence, the SSN shown on the applicant's DD Form 214 does not reflect the SSN under which he was inducted and served. A thorough review of his official military personnel file shows his SSN appears as both XXX-65-XXXX and XXX-68-XXXX. His correct SSN is confirmed by the printout from the Social Security Administration as XXX-68-XXXX. Therefore, he is entitled to correction of his DD Form 214 to show this 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 entry from his DD Form 214 and replacing it with his SSN as shown on the SSN printout from the Social Security Administration.
___________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) AR20110021391
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ABCMR Record of Proceedings (cont) AR20110021391
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