IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110023499
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 Item 3 (Social Security Number (SSN)) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the last four digits of his SSN are incorrect.
3. The applicant provides his DD Form 214 and Social Security card issued on 13 September 2011.
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 on 12 September 1973 for a period of 3 years.
3. His record contains:
a. DD Form 398 (Statement of Personal History), dated 11 September 1972, that shows his SSN as "xxx-xx-7452 5274 7452";
b. DD Form 4 (Enlistment Record Armed Forces of the United States), dated 12 September 1973, that shows his SSN as "xxxxx5274 7452";
c. DA Form 41 (Record of Emergency Data), prepared on 19 June 1974 and last reviewed by the applicant on 13 May 1976, that shows his SSN as "xxx-xx-7452";
d. DA Form 20 (Enlisted Qualification Record), prepared on 18 September 1973 and last audited by the applicant on 9 April 1974, that shows his SSN as
"xxx-xx-5274 7452"; and
e. DA Form 2-1 (Personnel Qualification Record), prepared on 29 October 1974 and last reviewed by the applicant on 13 May 1976, that shows his SSN as "xxxxx7452."
4. On 2 October 1976, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. Item 3 shows his SSN as xxx-xx-5274.
5. On 11 September 1979, he was honorably discharged from the Ready Reserve. Orders 08-1050003, issued by the Office of The Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, MO, dated 28 August 1979, shows his SSN as "xxx-xx-7452."
6. He provides a copy of his Social Security card issued on 13 September 2011 that shows his SSN as "xxx-xx-7452."
7. 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. This regulation established standardized policy for preparation of the DD Form 214. At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's SSN with the SSN of record.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant enlisted in the Regular Army under the SSN of "xxx-xx-7452." This SSN is consistent with the SSN shown on all documents contained in his military records that were corrected to show this SSN. It appears that during the preparation of his DD Form 214 the first two and last two digits of his SSN were inadvertently switched. Therefore, it would be appropriate at this time to correct his DD Form 214 to show the same SSN as shown 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 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 from Item 3 of his DD Form 214 the current entry and replacing it with the SSN as shown 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) AR20110023499
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ABCMR Record of Proceedings (cont) AR20110023499
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