IN THE CASE OF:
BOARD DATE: 31 May 2012
DOCKET NUMBER: AR20110024087
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)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, the last digit of his SSN should be a 9 and not 7 as currently listed on his DD Form 214.
3. The applicant provides a social security card in support of his request.
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. The record shows the applicant was inducted into the Army of the United States on 25 May 1965. The Service Number (SN) was the primary identification number used by the Army at the time of the applicants induction. The DD Form 47 (Induction Record) does not list an SSN.
3. The applicant's DA Form 20 (Enlisted Qualification Record), which was prepared on 28 May 1965, lists a "9" as the last digit of his SSN.
4. On 24 May 1967, the applicant was honorably released from active duty after completing 2 years of active military service. The DD Form 214, item 3 (SSN), lists a "7" as the last digit.
5. The applicant provides a social security card that lists a 9 as the last digit of his SSN.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, stipulated that the DA Form 66 of DA Form 20 would be the primary source record for information entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct the SSN listed in item 3 of his DD Form 214 has been carefully considered and found to have merit.
2. The evidence of record confirms the applicant entered, served, and was separated under the SSN on the social security card the applicant provides listing a 9 as the last digit. As a result, it appears clear the SSN listed in item 3 of his DD Form 214 was the result of an administrative error. Therefore, it would be appropriate to correct this document accordingly.
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 amending item 3 of his DD Form 214 to reflect the SSN as it is listed 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) AR20110024087
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110024087
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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