IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110023909
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 his social security number (SSN) on his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 22 July 1971 be corrected to show his SSN as shown on a Form SSA-2458 (Report of Confidential Social Security Benefit Information), dated 27 October 2011.
2. The applicant states, in effect, his SSN was entered incorrectly on his
DD Form 214.
3. The applicant provides:
* SSA-2458, dated 27 October 2011, issued by the Social Security Administration
* his DD Form 214
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. He enlisted in the Regular Army on 15 October 1968 for a period of 3 years. His DD Form 4 (Enlistment Contract, Armed Forces of the United States) shows the same SSN as shown on the Form SSA-2458.
3. The following documents in his Military Personnel Records Jacket (MPRJ) show his SSN as shown on his DD Form 4 and the Form SSA-2458:
* a completed DD Form 1584 (National Agency Check Request)
* his orders for enlistment and transfer to Fort Knox, KY, dated 15 October 1968
* His DD Form 398 (Statement of Personal History), signed by him on
15 October 1968
* his orders for release from active duty, dated 22 July 1971
* multiple forms throughout his MPRJ
4. An AGPERSCEN Form 29 (Personnel Records Action Slip), dated 12 April 1971, from the Office of the Adjutant General, U.S.Army Enlisted Personnel Support Center, Fort Benjamin Harrison, IN requested his records be corrected to show his correct SSN. His SSN shown on the form is the same SSN shown on his DD Form 4 and the Form SSA-2458.
5. On 22 July 1971, he was released from active duty. The SSN shown on his DD Form 214 is not the same SSN shown on his DD Form 4 and the
Form SSA-2458.
6. The Form SSA-2458, dated 27 October 2011, states the SSN shown on the form belongs to the applicant. This is the only SSN ever associated with him and it was established in March 1966.
DISCUSSION AND CONCLUSIONS:
1. His SSN as shown on his DD Form 4 is the same SSN certified by the Social Security Administration as belonging to him. This same SSN appears throughout his MPRJ. Therefore, it is clear his SSN was entered on his DD Form 214 incorrectly.
2. Therefore, to would be appropriate to change item 3 (Social Security Number) of his DD Form 214 to show his SSN as shown on his DD Form 4 and the
Form SSA-2458.
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 deleting the current entry in item 3 of his DD Form 214 and entering his SSN as shown on his DD Form 4 and the Form SSA-2458.
_______ _ 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) AR20110023909
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ABCMR Record of Proceedings (cont) AR20110023909
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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