IN THE CASE OF:
BOARD DATE: 5 July 2012
DOCKET NUMBER: AR20120001142
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-xxx9" instead of "xxx-xx-xxx4" (the last digit as a "9" instead of a "4").
2. The applicant states his DD Form 214 contains a discrepancy with respect to his SSN which affects his medical care enrollment.
3. The applicant provides his:
* DD Form 214
* Letter from the Department of Veterans Affairs (VA) Medical Center
* Letter from the National Personnel Records Center
* Medicare card
* 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. Prior to enlistment in the Regular Army (RA) the applicant completed a
DD Form 398 (Statement of Personal History) wherein he listed his SSN as
"xxx-xx-xxx9." He authenticated this form by placing his signature in the appropriate block.
3. He enlisted in the RA on 7 October 1963. His DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his assigned Service Number; it did not list his SSN. His DA Form 20 (Enlisted Qualification Record), which was created upon entry on active duty, also did not list his SSN.
4. His record contains some personnel, medical, and other documents that mostly listed his service number; however, when his SSN is listed it is shown as "xxx-xx-xxx9."
5. He was honorably released from active duty on 20 July 1966 at the expiration of his term of service. Item 32 (Remarks) of the DD Form 214 he was issued at the time shows his SSN as "xxx-xx-xxx4."
6. He submitted a letter from the VA Medical Center requesting that he correct the SSN listed in the Remarks section of his DD Form 214. He was advised that his application would not be considered until the error was corrected.
7. 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 record shows that prior to his enlistment he listed his SSN as "xxx-xx-xxx9." This SSN is consistent with the SSN used on at least two documents in his military record. It appears an administrative error occurred when his DD Form 214 was prepared that lists his SSN as "xxx-xx-xxx4," which is the only document in his available record with such an SSN. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his 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 deleting from item 3 of his DD Form 214 the current entry and adding the SSN as it is 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) AR20120001142
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120001142
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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