IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110024396
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 the Social Security Number (SSN) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, the second digit of the SSN listed on his
DD Form 214 is incorrect.
3. The applicant provides a letter from the Social Security Administration (SSA), an SSN card, two military award orders, and two military award certificates.
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 applicants record shows he was inducted into the Army of the United States on 19 August 1969. The SSN was the primary identification number used by the Army at the time of the applicants induction. The DD Form 47 (Induction Record) lists the SSN using the number 6 as the second digit in item 2 (Service Number (SN)). The record contains a DD Form 398 (Statement of Personal History) prepared by the applicant during the induction processing. This document lists his SSN using the number 6 as the second digit in item 13 (Employment). The DD Form 1584 (National Agency Check Request), prepared by the applicant, lists the SSN using the number 6 as the second digit in item 4 (SSN).
3. The DA Form 20 (Enlisted Qualification Record) prepared on him on
22 August 1969 lists his SSN using the number 6 as the second digit in item
1 (Name and SN).
4. The applicant's Military Personnel Records Jacket (MPRJ) contains two documents listing the SSN using the number 8 as the second digit. Special Orders Number 200, assigning the applicant to U.S. Army Reserve Control Group, (Annual Training), St. Louis, Missouri, and a memorandum, dated 18 August 1971, with subject line: Transmittal of Health Record on Loan.
5. The DD Form 214 issued to the applicant upon separation on 18 August 1971 lists his SSN using the number 8 as the second digit in item 3 (SSN).
6. The applicant provides a statement from the SSA and an SSN card, both documents listing the number 6 as the second digit of his SSN.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for correction of the SSN on his DD Form 214 has been carefully considered and found to have merit.
2. The evidence of record confirms the applicant entered active duty and he served under SSN using the number 6 as the second digit as listed on his
DD Form 398, DA Form 20, and the majority of documents and orders in his MPRJ, as corroborated and confirmed by the SSN card provided by the applicant. As a result, it appears the SSN entry on the applicant's DD Form 214 was the result of an administrative error.
3. In view of the foregoing, it would be appropriate at this time to correct this
DD Form 214 as recommended below.
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 by replacing the second digit of the SSN listed in item 3 with the number "6" as it is listed on his SSN 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) AR20110024396
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ABCMR Record of Proceedings (cont) AR20110024396
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