BOARD DATE: 22 May 2012
DOCKET NUMBER: AR20110023625
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "xxx-xx-8xxx" instead of "xxx-xx-0xxx."
2. The applicant states the SSN listed on his DD Form 214 is incorrect.
3. The applicant provides his DD Form 214 and a 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 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. In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) and listed his SSN as "xxx-xx-8xxx."
3. He was inducted into the AUS on 6 October 1960. His DD Form 47 (Record of Induction) lists his service number; it does not list his SSN. His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty, also lists his service number; it does not list his SSN.
4. His record contains various other personnel documents, including orders to active duty, reassignment orders, award orders, and a DD Form 93 (Record of Emergency Data) that list his SSN as "xxx-xx-8xxx." He authenticated some of these documents by placing his signature in the appropriate block.
5. He was honorably released from active duty on 5 October 1962. Item 32 (Remarks) of his DD Form 214 shows the SSN "xxx-xx-0xxx." He authenticated this form by placing his signature in the appropriate block.
6. He provides a copy of his social security card that shows his SSN as
"xxx-xx-8xxx."
DISCUSSION AND CONCLUSIONS:
1. The applicant listed his SSN as "xxx-xx-8xxx" upon his induction into the AUS. This SSN is consistent with the SSN shown on multiple documents in his service records listing his SSN. It appears that during the preparation of his DD Form 214 his SSN was inadvertently listed as "xxx-xx-0xxx" due to an administrative error.
2. In view of the foregoing, his DD Form 214 should be corrected to show the SSN as reflected on multiple documents in his record and 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 32 of his DD Form 214 the current SSN 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) AR20110023625
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110023625
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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