IN THE CASE OF:
BOARD DATE: 15 May 2012
DOCKET NUMBER: AR20110023667
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 "255-XX-XXXX" vice "225-XX-XXXX."
2. The applicant states the wrong SSN is shown on his DD Form 214.
3. The applicant provides his DD Form 214, a statement from the Social Security Administration (SSA), his medical insurance card, and two letters.
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 contain his DD Form 47 (Record of Induction), dated 14 June 1967, wherein his SSN is shown with the second digit as "5."
3. He was inducted into the Army of the United States on 14 June 1967 and he held military occupational specialty 11F (Infantry Operations and Intelligence Specialist).
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty shows his SSN with the second digit as "5."
5. His records contain numerous personnel, finance, medical, and legal documents including assignment and award orders that all show his SSN with the second digit as "5."
6. He was honorably released from active duty on 7 June 1969 and transferred to the U.S. Army Reserve. He completed 1 year, 11 months, and 24 days of creditable active service.
7. His DD Form 214 shows his SSN with the second digit as "2."
8. The applicant provides a statement from the SSA, dated 10 November 2011, wherein the SSA confirms the SSN shown on his DA Form 20 with the second digit listed as "5."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant listed his SSN with the second digit as "5" upon his induction. This is the SSN he used throughout his period of service. It appears an administrative error was made when his DD Form 214 was completed and his SSN was recorded with the second digit as "2." Therefore, he is entitled to the requested relief.
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 the current entry from item 3 of his DD Form 214 and adding the SSN as shown on his DA Form 20 and the statement from the SSA.
____________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) AR20110023667
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ABCMR Record of Proceedings (cont) AR20110023667
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