BOARD DATE: 14 June 2012
DOCKET NUMBER: AR20120000364
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-2032" instead of "xxx-xx-3203."
2. The applicant states his SSN was typed incorrectly at the time of his discharge.
3. The applicant provides his DD Form 214 and social security card issued on 29 June 2009.
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 27 September 1966 for a period of 3 years. At the time of his entry on active duty, he was assigned and identified throughout his military service with an Army service number which began with the prefix "RA" for Regular Army.
3. His record contains:
a. a DD Form 398 (Statement of Personal History), dated 6 September 1966, that does not list his SSN;
b. a DD Form 4 (Enlistment Record Armed Forces of the United States), dated 27 September 1966, that does not list his SSN; and
c. reduction, assignment, and promotion orders, dated between April 1968 and February 1969, that show the same SSN as shown on his social security card.
4. On 25 May 1969, the applicant was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. Item 3 of his DD Form 214 shows his SSN as "xxx-xx-3202."
5. Letter Orders Number 08-1298767, issued by the Office of The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 23 August 1972, shows his SSN as "xxx-xx-3202."
6. He provides a copy of his social security card issued on 29 June 2009 that shows his SSN as "xxx-xx-2032."
7. 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 established standardized policy for preparation of the DD Form 214. At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's SSN with the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that at the time of the applicant's enlistment in the Regular Army he was assigned and served under the Army service number listed on his DD Form 214. The SSN shown on his reduction, assignment, and promotion orders is consistent with the SSN shown on his social security card.
2. It appears that during the preparation of the applicant's DD Form 214 an administrative error occurred. Therefore, it would be appropriate at this time to correct his DD Form 214 to show the SSN as 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 the evidence presented is 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 from the applicant's DD Form 214 the current SSN entry and replacing it with the SSN as shown 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) AR20120000364
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