IN THE CASE OF:
BOARD DATE: 10 May 2012
DOCKET NUMBER: AR20110022563
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 block 3 (Social Security Number (SSN)) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the third digit as 3 instead of 2.
2. The applicant states that his DD Form 214 was incorrectly prepared to reflect the third digit of his SSN as 2 instead of 3.
3. The applicant provides a copy of his DD Form 214 and his Social Security Card showing the third digit of his SSN as 3.
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 U.S. Army Reserve (USAR) on 31 May 1968 for a period of 6 years. At the time of enlistment his records were prepared to show his SSN contained a 3 as the third digit and it matches the SSN on his Social Security Card.
3. On 6 September 1970, he was ordered to active duty for training (ACDUTRA) at Fort Ord, California.
4. On 14 June 1971 he was honorably released from ACDUTRA upon completion of training and transferred to his USAR command. He had served
9 months and 8 days of active service and his DD Form 214 issued at the time of his REFRAD reflects the third digit of his SSN as 2.
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 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
14 June 1971 incorrectly reflects the third digit of his SSN as "2." instead of "3" has been noted and found to have merit.
2. At the time of enlistment his records show his SSN contained a "3" as the third digit and he performed all of his service using this SSN.
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
14 June 1971 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 entry in block 3 of his DD Form 214 for the period ending 14 June 1971 and entering the SSN as it is listed on the applicant's 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) AR20110022563
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ABCMR Record of Proceedings (cont) AR20110022563
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