IN THE CASE OF:
BOARD DATE: 3 July 2012
DOCKET NUMBER: AR20120001047
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 request, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the fourth digit of his Social Security Number (SSN) as "8" instead of "7."
2. The applicant states his SSN is in error.
3. The applicant provides the following documents:
* Social Security card
* Certificate of Live Birth
* Honorable Discharge Certificate
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 applicants record shows he was inducted into the Army of the United States on 11 April 1968. The DD Form 47 (Induction Record) contains a typeover (cannot be determined if it is an 8 over a 7 or a 7 over an 8) in the fourth digit of his SSN. The record does contain a DD Form 398 (Statement of Personal History) prepared by the applicant during the induction process. This document lists his SSN using the number 8 as the fourth digit in item 13 (Employment).
3. The DA Form 20 (Enlisted Qualification Record) prepared on 7 October 1969 and audited on 29 November 1969 lists the fourth digit of his SSN using the number 8 in item 1 (Name and Service Number ).
4. Documents in the Military Personnel Records Jacket (MPRJ) list his SSN using both numbers 8 and 7 as the fourth digit of the SSN. The U.S. Army Reserve (USAR) discharged orders completed on the applicant on
20 March 1974 list the applicants SSN using the number 8 as the fourth digit in the standard name line.
5. The DD Form 214 issued to the applicant upon separation on 10 April 1970 lists his SSN using the number 7 as the fourth digit in item 3 (SSN).
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge,
or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time of the applicant's separation stated the
DA Form 20 and documents on file in the MPRJ were the primary sources for information for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant entered active duty and he served under the SSN using the number 8 as the fourth digit as listed on his
DD Form 47, DD Form 398, and his DA Form 20 as corroborated and confirmed by the Social Security card provided by the applicant. As a result, it appears the SSN entry on the applicant's DD Form 214 was the result of an administrative error.
2. In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.
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 from item 3 of his DD Form 214 the current entry and replacing it with the entry 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) AR20120001047
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120001047
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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