IN THE CASE OF:
BOARD DATE: 26 April 2012
DOCKET NUMBER: AR20110023609
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) as
"166-XX-XXXX" instead of "193-XX-XXXX."
2. The applicant states his SSN is wrong and should be corrected.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty) and his Social Security card.
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) that he completed during his enlistment processing.
Item 7 (If Naturalized, Certificate No.) contains the entry "166-XX-XXX.
3. On 7 October 1966, the applicant enlisted in the Regular Army. The
DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty lists his SSN as "166-XX-XXXX." It also shows this entry was lined through and a hand written entry was added to lists his SSN as "193-XX-XXXX.
4. The applicant's official military personnel file (OMPF) contains multiple documents that list his SSN as "163-XX-XXXX" and some other documents that list it as "193-XX-XXXX."
5. On 22 April 1974, the applicant was discharged from active duty after completing 5 months and 26 days of creditable active military service.
Item 3 (SSN) of his DD Form 214 lists his SSN as "193-XX-XXXX."
6. He provides a copy of his SSN card. It shows his SSN is 166-XX-XXXX.
DISCUSSION AND CONCLUSIONS:
The applicant's OMPF contains multiple documents that list two different SSNs. He also provides a copy of his social security card which confirms his SSN is 166-XX-XXXX. Therefore, 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. 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
b. 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) AR20110023609
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110023609
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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