IN THE CASE OF:
BOARD DATE: 1 May 2012
DOCKET NUMBER: AR20110023288
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 military record to show his correct social security number (SSN) as "357-XX-XXXX" instead of "431-XX-XXXX."
2. The applicant states the SSN issued him in February 1962 is 357-XX-XXXX.
3. The applicant provides:
* Department of Veteran Affairs Claim Form
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Social Security card
* Social Security Administration Letter
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's military record contains a DD Form 398 (Statement of Personal History), dated 16 January 1966, that he completed during his enlistment processing. Item 13 (Employment) contains a block for his SSN which he completed by entering his SSN as 357-XX-XXXX.
3. On 17 January 1966, the applicant was inducted into the Army of the United States and entered active duty. His record inadvertently includes a DD Form 4 (Enlistment Contract) of another Soldier who holds the same last name.
Item 1 (Service No./SSN) of this document contains the entry "431-XX-XXX.
4. The applicant's official military personnel file (OMPF) contains multiple documents that list his SSN as "357-XX-XXXX" and some other documents that list it as "431-XX-XXXX."
5. On 20 December 1967, the applicant was discharged from active duty after completing 1 year, 11 months, and 4 days of creditable active military service.
Item 3 (SSN) of his DD Form 214 lists his SSN as "431-XX-XXXX."
6. He provides a copy of his SSN card which shows his SSN is 357-XX-XXXX. He also provides a letter from the Social Security Administration which confirms his SSN of "357-XX-XXXX" was established in February 1962.
DISCUSSION AND CONCLUSIONS:
The evidence of record clearly shows another Soldier's enlistment contract was inadvertently placed in the applicant's OMPF and that this Soldier's SSN was mistakenly recorded in the applicant's military record and on his DD Form 214. The applicant also provides a copy of his social security card and a letter from the Social Security Administration which confirms his SSN is 357-XX-XXXX and this is the same SSN he entered on his DD Form 398 during his enlistment processing. Therefore, his OMPF which includes item 3 of his DD Form 214 should be corrected by deleting the current entry and adding the SSN as it is listed on his social security card.
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:
a. showing his correct SSN as listed on his social security card;
b. amending item 3 of his DD Form 214 by deleting the current entry and adding the SSN as it is listed on his social security card; and
c. issuing him a document that shows the above change.
_______ _ __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) AR20110023288
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ABCMR Record of Proceedings (cont) AR20110023288
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