BOARD DATE: 12 June 2012
DOCKET NUMBER: AR20110023607
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 DD Form 214 (Report of Separation from Active Duty) to show his correct social security number (SSN).
2. The applicant states his SSN was recorded on his discharge document as "XXX-XX-4XXX"; however, it should be listed as "XXX-XX-1XXX."
3. The applicant provides a copy of his social security card that lists his SSN as "XXX-XX-1XXX."
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 DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 20 April 1966. The U.S. Armed Forces did not use the SSN at the time of the applicant's induction.
3. Headquarters, U.S. Army Training Center, Infantry, Fort Ord, California, Special Orders Number 95, dated 5 April 1967, discharged the applicant under the provisions of Army Regulation 635-206 (Personnel Separations - Discharge - Misconduct (Fraudulent Entry, Conviction by Civil Court, Desertion) effective
7 April 1967.
4. He was issued a DD Form 214 listing his SSN as "XXX-XX-4XXX" and he signed the document.
5. The Army Discharge Review Board (ADRB) reviewed the applicant's discharge under the Department of Defense, Special Discharge Review Program (DOD SDRP) and upgraded his discharge, effective 24 May 1977.
6. The ADRB voided the applicant's original DD Form 214, dated 7 April 1967, and issued him a new DD Form 214, effective the same date, showing he was discharged under honorable conditions.
a. He completed 7 months and 15 days of net active service.
b. Item 3 (SSN) lists his SSN as "XXX-XX-4XXX."
7. On 24 July 1978, a DD Form 215 (Correction to DD Form 214) was issued by The Adjutant General of the Army showing the applicant's discharge was reviewed under the provisions of Public Law 95-126 (PL 95-126) and a determination was made that the characterization of service was warranted under the provisions of the DOD SDRP. The DD Form 215 shows his SSN as "XXX-XX-4XXX."
8. On 21 July 1977, the applicant submitted a DD Form 149 (Application for Correction of Military or Naval Record under the provisions of Title 10, U.S. Code, section 1552) requesting a correction to his DD Form 214 to show his SSN as "XXX-XX-1XXX."
a. On 24 October 1978, he was advised that a copy of his social security card was required to process his request.
b. A review of his military personnel records failed to reveal any evidence that the applicant provided the required document or that any further action was taken on the application.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was discharged on 7 April 1967 and he was issued a DD Form 214 incorrectly listing his SSN as
"XXX-XX-4XXX."
2. In 1977, the ADRB reviewed the applicant's discharge under the DOD SDRP and repeated the SSN recorded on his original document when the new
DD Form 214 was prepared. The incorrect SSN was then recorded on a
DD Form 215 that was issued in 1978 when the applicant's discharge was reviewed under PL 95-126.
3. The evidence the applicant now provides supports his contention that his DD Form 214 contains an incorrect SSN. It appears that the entry of XXX-XX-4XXX instead of XXX-XX-1XXX was simply a misreading of the one digit. Therefore, it would be appropriate at this time to correct the applicant's DD Form 214 and DD Form 215 to show his correct SSN.
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. deleting the SSN listed in item 3 of his DD Form 214 and adding the SSN as it is listed on his social security card; and
b. deleting the SSN listed on his DD Form 215, dated 24 July 1978, and adding the SSN as it 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) AR20110023607
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