BOARD DATE: 3 May 2012
DOCKET NUMBER: AR20110021651
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), block 3 (Social Security Number (SSN)) be corrected to reflect his correct SSN.
2. The applicant states his DD Form 214 does not contain his correct SSN.
3. The applicant provides copies of his DD Form 214 and 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. The applicant was inducted into the Army of the United States on 9 December 1970. At the time of induction his records were prepared reflecting at least two different SSNs, one of which is listed on his Social Security Card.
3. He completed basic training at Fort Jackson, South Carolina and advanced individual training as an armor crewman at Fort Knox, Kentucky and he was transferred to Germany on 22 May 1971.
4. On 6 December 1972, he departed Germany for Fort Jackson, South Carolina where he was honorably released from active duty (REFRAD) due to the expiration term of service on 8 December 1972. He completed 2 years of active service and his DD Form 214 issued at the time of REFRAD reflects an SSN that is not contained on his Social Security Card and amounts to a third SSN being used in his records.
5. 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 ending on 8 December 1972 reflects an incorrect SSN has been noted and found to have merit.
2. The applicant's records show the SSN that is listed on his Social Security Card was entered into his records at the time of induction. However, for reasons that are not apparent two incorrect SSNs were also entered into his records during his period of service.
3. 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 8 December 1972 and it 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 deleting the SSN listed in block 3 of his DD Form 214 and entering the SSN that is listed 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) AR20110021651
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ABCMR Record of Proceedings (cont) AR20110021651
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