IN THE CASE OF:
BOARD DATE: 19 April 2012
DOCKET NUMBER: AR20110021393
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 256A (Honorable Discharge Certificate) be corrected to show that the first three digits of his Social Security Number (SSN) are 368.
2. The applicant states that his DD Form 214 and DD Form 256A incorrectly reflect that the first three digits of his SSN are 638 instead of 368. He goes on to state that his SSN has always started with the first three digits of 368.
3. The applicant provides a copy of his DD Form 214, a copy of his DD Form 256A, a one-page letter explaining his application, and a letter from the Social Security Administration requesting proof of his military service.
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 enlisted in the Regular Army in Los Angeles, California on 27 January 1965 for a period of 4 years and assignment to the Army Security Agency (ASA). At the time of his enlistment he indicated that his SSN started with the first three digits of 368 and he was issued an Army Service Number under which he served his entire enlistment.
3. He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training as a finance clerk at Fort Benjamin Harrison, Indiana and was transferred to Turkey for a period of 17 months.
4. He was assigned to Camp McCoy, Wisconsin on 3 April 1967 and served there until 29 June 1967 when he was transferred to Fort Carson, Colorado where he remained until he was honorably released from active duty (REFRAD) on 16 January 1969. He had served 3 years, 11 months, and 19 days of active service and his DD Form 214 issued at the time of his REFRAD reflects that the first three digits of his SSN are 638. Additionally, on 26 January 1971 he was issued a DD Form 256A showing that the first three digits of his SSN are 638.
5. On 1 July 1969, the Army discontinued the issuance and use of the Army Service Number and began using the SSN for identification. Prior to 1 July 1969, service members were not required to maintain an SSN in their records; however, they were usually recorded when provided by the individual Soldier.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 for the period ending
16 January 1969 incorrectly reflects his SSN as having the first three digits of 638" has been noted and found to have merit.
2. At the time of his enlistment his records show his SSN contained the first three digits of 368 and he performed all of his service with the SSN that is depicted on his Social Security card.
3. Additionally, he was issued an Honorable Discharge Certificate which also contained an incorrect SSN.
4. Therefore, it is reasonable to presume that an administrative error resulted in his SSN being incorrectly reflected on his DD Form 214 for the period ending
16 January 1969 and his Honorable Discharge Certificate issued on 26 January 1971 and they should be corrected at this time.
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 showing that the first three digits of his SSN in block 3 of his DD Form 214 are 368 as shown on his Social Security card and by issuing him a new Honorable Discharge Certificate with his correct SSN to replace the incorrect certificate currently held by him.
_______ _ __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) AR20110021393
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110021393
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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