IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20120000781
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 (Report of Separation from Active Duty) to show "2" as the second digit instead of "3."
2. The applicant states his SSN is incorrect on his DD Form 214.
3. The applicant provides his DD Form 214, a legal name change, and a 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. He enlisted in the Regular Army on 15 March 1978. His DD Form 4 (Enlistment Contract Armed Forces of the United States) listed his SSN with the number "3" in the second digit. His DA Form 2-1 (Personnel Qualification Record) which was created upon his entry on active duty also listed the number "3" in the second digit.
3. Although some of the documents in his service records listed his SSN with the number "3" in the second digit, most documents, including a Report of Medical History, a Record of Emergency Data, Servicemen's Group Life Insurance Election, and National Agency Check Request show a "2" as the second digit. He authenticated some of these documents by placing his signature in the appropriate block.
4. He was discharged on 19 April 1978. Item 3 of his DD Form 214 shows his SSN as "X3X-XX-XXXX" (the number "3" is shown as the second digit).
5. He provides a legal name change document as well as a social security card that contains a name similar to his with the SSN "X2X-XX-XXXX."
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs 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 record shows the applicant mostly used an SSN that contained a "2" as the second digit during his military service. It appears when his enlistment document and DA Form 2-1 were created a "3" was inadvertently listed as the second digit. The error was further compounded when his DD Form 214 was prepared inadvertently listing a "3" instead of "2" as the third digit. Therefore, he is entitled to correction of his DD Form 214 to show his SSN as it is listed 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 amending item 3 of his DD Form 214 to show his 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) AR20120000781
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ABCMR Record of Proceedings (cont) AR20120000781
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