IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120001232
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)) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 11 June 1969, to show the third digit as "5" instead of "8."
2. The applicant states the SSN currently shown on his DD Form 214 is incorrect.
3. The applicant provides copies of:
* DD Form 214
* Social Security Administration (SSA) Card
* DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 30 November 2011
* Army Review Boards Agency letter, dated 20 December 2011
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 12 April 1966. His DD Form 4 (Enlistment Contract) shows he enlisted using an assigned Army Service Number (ASN).
3. On 18 April 1966, the applicant signed his DA Form 20 (Enlisted Qualification Record). This form shows the third digit of his SSN as "5." The same SSN that is shown on his DA Form 20 is shown on every document contained in his Official Military Personnel File (OMPF) requiring the use of his SSN.
4. The applicant was honorably released from active duty on 11 June 1969. Item 3 on the DD Form 214 he received shows "8" as the third digit of his SSN.
5. The applicant submits a copy of his SSA Card which shows "5" as the third digit of his SSN.
6. 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. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the
DD Form 214 is a synopsis of the Soldiers most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted. His supporting evidence has been considered.
2. It appears that an error was made during the preparation of the applicants
DD Form 214 which resulted in the incorrect SSN being reflected.
3. The available evidence clearly shows "5" as the third digit of his SSN. His
DD Form 214 should be amended 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 amending item 3 on his DD Form 214, dated 11 June 1969, to show the SSN as it is listed on the copy of his SSA 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) AR20120001232
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ABCMR Record of Proceedings (cont) AR20120001232
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