IN THE CASE OF:
BOARD DATE: 31 May 2012
DOCKET NUMBER: AR20110024784
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 "xxx-xx-xx07."
2. The applicant states, in effect, the SSN listed in Item 32 (Remarks) of his
DD Form 214 is incorrect.
3. The applicant provides his DD Form 214 and 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 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 applicant enlisted in the Regular Army on 7 January 1964. The primary identification number used at the time was the Service Number (SN) which is the number listed on his DD Form 4 (Enlistment Record Armed Forces of the United States) as well as nearly every document located in the applicants military personnel file.
3. Item 7 (SSN) of the applicant's DA Form 41 (Record of Emergency Data), dated 19 June 1964, shows his SSN is listed as "xxx-xx-xx07." This document contains his signature.
4. On 19 December 1966, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. The DD Form 214 he was issued at the time of his release from active duty shows a completely different SSN in Item 32.
5. On 25 March 1967, subsequent to the applicant's transfer to the USAR, a U.S. Army Administration Center (USAAC) Form 170 (Army Reserve Personnel Data Review) was prepared and verified by the applicant. This document shows the applicants complete SSN was incorrect and was to be corrected or changed to reflect what the applicant now claims is his SSN. This document contains his signature.
6. This form further shows the applicant's records were coded on 13 April 1967 to show his correct SSN. However, there is no evidence which shows his
DD Form 214 was ever corrected to reflect this correction.
7. The applicant provides a copy of his social security card which shows his SSN as "xxx-xx-xx07."
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 establishes standardized policy for the preparation of the DD Form 214. It states that the complete name and SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as "xxx-xx-xx07" was carefully considered and determined to have merit.
2. Evidence shows the applicant served under an SN throughout his period of military service. On 19 June 1964, while in an active duty status, he completed a DA Form 41 listing his SSN as he now requests and authenticated the form with his signature.
3. The presence of a USAAC Form 170 in the applicants record confirms the applicant identified the error related to his SSN in March 1967 and attempted to have it corrected to no avail. It appears the SSN listed on the applicants
DD Form 214 was the result of an administrative error.
4. In addition, the applicant provides his social security card which shows his SSN as it is listed on his DA Form 41. Therefore, he is entitled to have his
DD Form 214 corrected to show his correct SSN.
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 SSN from item 32 of his DD Form 214 and adding 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) AR20110024784
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ABCMR Record of Proceedings (cont) AR20110024784
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