IN THE CASE OF:	  

		BOARD DATE:  8 March 2012

		DOCKET NUMBER:  AR20110024905 


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 554-xx-xxxx instead of 515-xxxx.

2.  The applicant states he has never used the SSN listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* 1974 discharge orders from the U.S. Army Reserve (USAR)
* DD Form 47 (Record of Induction)
* Letter from the National Personnel Records Center
* 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 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.  In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as 554-xx-xxxx.  He authenticated this form by placing his signature in the appropriate block.

3.  He was inducted into the AUS on 10 October 1967.  Although his DD Form 47 listed his service number, a hand-written entry was made in item 1 (Name) listing SSN "554-xx-xxxx.

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty shows his SSN as 515-xx-xxxx.  He reviewed it at a later date and placed his signature in the appropriate block.

5.  His service records contain various personnel records, including a record of emergency data, induction orders, and several award orders listing his SSN as "554-xx-xxxx.  His records also contain various other personnel records, including promotion orders, award orders, and reassignment orders listing his SSN as 515-xx-xxxx.

6.  He was honorably released from active duty on 14 May 1969 and he was transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation.  Item 3 (SSN) of his DD Form 214 shows his SSN as 515-xx-xxxx.   

7.  He was ultimately discharged from the USAR on 24 October 1973.  His discharge orders listed his SSN as 554-xx-xxxx. 

8.  He provides a copy of a social security card that contains the same name as that of the applicant and SSN 554-xx-xxxx.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that at the time of induction the applicant listed his SSN as 554-xx-xxxx.   The SSN was also hand-written on his induction record.  It appears when his DA Form 20 was created a different SSN was used and the problem was further compounded because both SSN's were used throughout his period of service.

2.  It is unclear why he used two different SSN's when he served.  Nevertheless, when he was inducted he disclosed his SSN was 554-xx-xxxx and this is the SSN that is listed on his social security card.  Therefore, Army officials should have used this SSN throughout his period of service.  

3.  For historical purposes, the U.S. Army has an interest in maintaining the accuracy of its records.  In this regard, the information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  At the time of induction he listed his SSN as 554-xx-xxxx; therefore, his DD Form 214 should be corrected to show the same SSN at the time of separation.  He is entitled to the requested relief.

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 in item 3 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)                                         AR20110024905



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ABCMR Record of Proceedings (cont)                                         AR20110024905



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