IN THE CASE OF:
BOARD DATE: 10 May 2012
DOCKET NUMBER: AR20110023578
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the fifth digit of her social security number (SSN) as 8 instead of 6.
2. The applicant states the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides:
* DD Form 214
* Statement from the Social Security Administration (SSA)
* Marriage certificate
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 applicant's 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 applicant's 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 records show she enlisted in the Minnesota Army National Guard (MNARNG) on 19 December 1980. Item 2 (SSN) of her DD Form 4 (Enlistment or Reenlistment Agreement) listed her SSN as "xxx-76-xxxx." However, the fifth digit is altered to show 8 instead of 6 and hand-written initials appear on top of it. Additionally, all allied documents also show an altered 8 in the fifth digit and initials on top.
3. A social security card with her maiden name is filed as an allied document with her enlistment contract. This card shows her SSN as "xxx-78-xxxx."
4. She entered active duty for training (ADT) on 15 March 1981 and successfully completed the Medical Specialist Course. She was released from ADT on 18 July 1981. Item 3 of the DD Form 214 she was issued shows her SSN as "xxx-76-xxxx." She authenticated this form with her signature.
5. Her DA Form 2-1 (Personnel Qualification Record - Part 2), that was created upon her enlistment or entry on active duty shows the same SSN as that shown on her DD Form 4 and the same altered 8 with the same initials on top of it.
6. Her records contain various personnel and medical documents, including promotion, reassignment, and award orders; a record of nonjudicial punishment; evaluation reports; a record of emergency data; and other documents that listed her SSN with either the number 8 in the fifth digit or the altered number 8 with initials beside or on top of it. She authenticated several of these documents as required by placing her signature in the appropriate block.
7. She was married on 17 August 1985. Her records contain a reissued social security card that shows her married name and the SSN "xxx-78-xxx."
8. She was ultimately discharged from the ARNG on 1 April 1992. Her National Guard Bureau Form 22 (Report of Separation and Record of Service) listed her SSN as "xxx-78-xxxx."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant enlisted in the ARNG on 19 December 1980 using SSN "xxx-78-xxxx." It appears her SSN was erroneously typed on her enlistment document to contain the number 6 instead of the number 8 in the fifth digit. Although the error was caught early on and a hand-written correction was made on her enlistment contract, several of her documents, including her ADT DD Form 214, continued to list the incorrect SSN. Therefore, her DD Form 214 should be corrected to show the number 8 instead of the number 6 in the fifth digit.
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 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 from item 3 of her DD Form 214 the current SSN and adding a similar SSN that contains the number 8 in the fifth digit as shown on her NGB Form 22.
_______ _ 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) AR20110023578
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110023578
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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