IN THE CASE OF:
BOARD DATE: 29 May 2012
DOCKET NUMBER: AR20110023891
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-5250."
2. The applicant states the SSN listed on his DD Form 214 is incorrect.
3. The applicant provides his social security card in support of his application.
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 record shows he was inducted into the Army of the United States on 10 April 1968. The service number (SN) was the primary identification number used by the Army at the time of the applicant's induction. His DD Form 47 (Induction Record) does not list an SSN. The record does contain a DD Form 398 (Statement of Personal History) prepared by the applicant during the induction process. This document lists his SSN showing the number "5" as the eighth digit in item 13 (Employment).
3. The applicant's Military Personnel Records Jacket (MPRJ) contains Special Orders Number 15, Armed Forces Examination and Entrance Station, Cleveland, Ohio, dated 10 April 1968. These orders inducted the applicant into the Army of the United States for an active duty commitment of 24 months. The applicant's standard name line (SNL) in these orders lists his SSN showing the number "5" as the eighth digit.
4. The DA Form 20 (Enlisted Qualification Record) prepared for him on 18 April 1968 lists his SSN showing what could be read as either the numbers "3" or "5" as the eighth digit in item 1 (Name and Service Number (SN)). Accelerated advancement to private/E-2 orders on file in his MPRJ, dated 11 June 1968, lists his SSN showing the number "5" as the eighth digit in the SNL.
5. His MPRJ contains documents listing both the number "5" and the number 3" as the eighth digit of his SSN. A Standard Form 88 (Record of Medical Examination) documenting the applicant's separation physical examination, dated 4 March 1970, lists his SSN showing the number "5" as the eighth digit in item 3 (Identification Number).
6. The applicant's DD Form 214 issued upon separation on 9 April 1970 lists his SSN showing the number "3" as the eighth digit in item 3 (SSN).
7. The applicant provides his social security card showing the number "5" as the eighth digit.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct his SSN on his 9 April 1970 DD Form 214 has been carefully considered and found to have merit.
2. The evidence of record confirms the applicant provided his correct SSN containing the number "5" as the eighth digit at the time of his induction and it was recorded in several documents and orders throughout his military service. It further shows this SSN was erroneously entered in his record and possibly on his DA Form 20 containing the number "3" as the eighth digit. Given that the correct SSN was provided during the induction process, and was used in induction orders and in other documents and orders throughout his active duty service, it would be appropriate to correct his record and DD Form 214 accordingly.
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 amending his 9 April 1970 DD Form 214 by replacing the SSN currently listed with the SSN shown on his DD Form 398 and 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) AR20110023891
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ABCMR Record of Proceedings (cont) AR20110023891
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