IN THE CASE OF:
BOARD DATE: 15 May 2012
DOCKET NUMBER: AR20110023900
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 "438-XX-XXXX."
2. He states an administrative error was made when his SSN was entered on his DD Form 214.
3. He provides his DD Form 214 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 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. On 21 October 1966, he was inducted into the Army of the United States.
3. His official military personnel file contains the following three documents showing the second digit of his SSN as "3":
* DA Form 3027 (U.S. Army Request for National Agency Check), dated 23 October 1966
* assignment orders, dated 7 February 1968
* DA Form 20 (Enlisted Qualification Record), signed by him on 26 October 1966 and audited on 8 July 1968
4. Orders releasing him from active duty, dated 14 October 1968, show the second digit of his SSN as "4." On the date of the orders, he was honorably released from active duty.
5. His DD Form 214 shows the second digit of his SSN as "4."
6. He provides his social security card showing the second digit of his SSN as "3."
DISCUSSION AND CONCLUSIONS:
The available evidence indicates an error was made in recording the second digit of the applicant's SSN on the orders releasing him from active duty. This error was then carried forward to his DD Form 214. It would be appropriate to correct of his DD Form 214 to show his SSN as shown 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 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 DD Form 214 to reflect his 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) AR20110023900
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ABCMR Record of Proceedings (cont) AR20110023900
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