IN THE CASE OF:
BOARD DATE: 21 February 2012
DOCKET NUMBER: AR20110024908
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) to show the fourth and fifth digits as "36" instead of "24."
2. The applicant states his DD Form 214 contains a discrepancy with respect to the SSN.
3. The applicant provides his 2010 Form SSA-1099 (Social Security Benefit Statement).
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. Prior to induction into the Army of the United States, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN with the numbers "36" in the fourth and fifth digits. He authenticated this form by placing his signature in the appropriate block.
3. He was inducted into the Army of the United States on 3 August 1967. His DD Form 47 (Record of Induction) listed his Service Number; it did not list his SSN.
4. His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty, listed his SSN with the numbers "36" in the fourth and fifth digits.
5. His record contains various personnel, medical, and other documents that listed his SSN with the numbers "36" in the fourth and fifth digits.
6. He was honorably released from active duty on 13 July 1969. Item 3 of the DD Form 214 shows his SSN as "xxx-24-xxxx" (the numbers 2 and 4 in the fourth and fifth digits). He authenticated this form with his signature.
7. He submitted a copy of his Social Security Benefits Statement that contain a name similar to his with the SSN "xxx-36-xxxx."
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, 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:
The evidence of records shows prior to induction, he listed an SSN that contained the numbers "36"as the fourth and fifth digits respectively. This SSN is consistent with the SSN used on various other documents in his military record. It appears his DD Form 214 inadvertently lists his SSN with the fourth and fifth digits as "24" instead of "36." Therefore, he should be entitled to correction of his DD Form 214 to show the 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 amending his DD Form 214 by:
* deleting the current SSN in item 3
* adding the SSN as shown on his DD Form 398
_______ _ 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) AR20110024908
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110024908
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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