IN THE CASE OF:	  

		BOARD DATE:  29 May 2012

		DOCKET NUMBER:  AR20110024048 


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 Item 3 (Social Security Number (SSN)) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 18 April 1967.

2.  The applicant states he just noticed that the last four digits of his SSN are incorrect.

3.  The applicant provides:

* DD Form 214
* social security card
* driver's license
* Medicare Health Insurance card
* Department of Veterans Affairs identification 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.  The applicant's records show he enlisted in the U.S. Army Reserve (USAR) on 10 January 1957.  At the time of his entry in the USAR, he was assigned and identified throughout his military service with an Army service number which began with the prefix "FR" for Federal Register.  

3.  He entered on active duty for training on 16 June 1957.  He was honorably released from active duty on 15 December 1957 and reverted to the USAR.  His DD Form 214 does not list his SSN.

4.  He enlisted in the Regular Army on 7 May 1964 for 3 years.  At the time of his entry on active duty, he was assigned and identified throughout his military service with an Army service number which began with the prefix "RA" for Regular Army.

5.  His record contains, in part:

* DD Forms 4 (Enlistment Record – Armed Forces of the United States), dated 10 January 1957 and 7 May 1964, that do not list his SSN
* DA Form 41 (Record of Emergency Data) signed by the applicant and last reviewed on 1 December 1966, that shows the entry "XXX-XX-3XX1" in Item 9 (SSN)
* DA Form 24 (Service Record) that shows the entry "XXX-XX-3XX1" as his SSN
* DA Form 20 (Enlisted Qualification Record) that does not list his SSN

6.  He was honorably discharged on 18 April 1967.  His DD Form 214 lists the entry "XXX-XX-2XX5" in Item 3.

7.  He provides a copy of a social security card and Medicare Health Insurance card which show his SSN as "XXX-XX-3XX1."

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation established standardized policy for preparation of the DD Form 214.  At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's SSN with the SSN of record.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that at the time of the applicant's enlistments in the USAR and Regular Army he was assigned and served under the Army service numbers listed on his DD Forms 214.  It appears he enlisted in the USAR and Regular Army under the SSN of XXX-XX-3XX1.  This SSN is consistent with the SSN shown on his DA Form 41, DA Form 24, social security card, and Medicare Health Insurance card.  

2.  It appears the SSN shown on his 1967 DD Form 214 contains a typographical error in the last four digits.  Therefore, it would be appropriate at this time to correct his 1967 DD Form 214 to show the same 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 deleting from Item 3 of the applicant's DD Form 214 ending on 18 April 1967 the current entry and replacing it with the social security number 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)                                         AR20110024048





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110024048



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1