IN THE CASE OF:
BOARD DATE: 21 June 2012
DOCKET NUMBER: AR20120000780
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-xxx2" in instead of xxx-xx-xxx1.
2. He states his SSN was incorrectly entered on his DD Form 214.
3. He provides copies of his:
* DD Form 214
* Social Security Card
* Medicare Health Insurance 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 25 July 1966.
3. A review of his service personnel record shows his SSN is listed as
xxx-xx-xxx2" on his:
* DD Form 398 (Statement of Personal History)
* DA Form 3027 (U.S. Army Request for National Agency Check)
4. He was released from active duty on 24 July 1969. Item 3 (SSN) of his DD Form 214 shows his SSN as xxx-xx-xxx1.
5. He provided copies of his Social Security Card and Medicare Health Insurance card that show his SSN as xxx-xx-xxx2.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows during his enlistment processing and during the entire period that he served in an active duty status he used SSN "xxx-xx-xxx2."
2. It appears that during the preparation of his DD Form 214 an administrative error occurred resulting in his SSN being recorded as "xxx-xx-xxx1" instead of "xxx-xx-xxx2."
3. In view of the foregoing item 3 of the applicant's DD Form 214 should be corrected to reflect his SSN as it is shown on his Social Security Card.
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 listed 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) AR20120000780
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ABCMR Record of Proceedings (cont) AR20120000780
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