IN THE CASE OF:
BOARD DATE: 31 July 2012
DOCKET NUMBER: AR20120001568
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 4 August 1969, to show the sixth digit as "XXX-XX-2XXX" instead of "XXX-XX-3XXX."
2. The applicant states the SSN currently shown on his DD Form 214 is incorrect.
3. The applicant provides copies of:
* DD Form 214, dated 4 August 1969
* DD Form 214, dated 24 April 1967
* Veterans Universal Access Identification Card
* Medicare Health Insurance 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 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. His records show he continued to serve in the Army using his ASN until he was honorably discharged on 24 April 1967, to accept a commission as a Reserve commissioned officer. The DD Form 214 he received for this period of service shows his SSN as "XXX-XX-2XXX."
4. The applicant accepted an appointment as a Reserve commissioned officer in the rank of second lieutenant and he was ordered to active duty, effective 25 April 1967.
5. After completing 2 years, 3 months, and 10 days of net active service this period, he was released from active duty on 4 August 1969, at the expiration of his active duty commitment. Item 3 on the DD Form 214 he received for this period of service shows his SSN as "XXX-XX-3XXX."
6. The applicant copies of his DD Form 214, dated 24 April 1967, Veterans Universal Access Identification Cards, and Medicare Health Insurance Card showing "XXX-XX-2XXX" as his SSN.
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. It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. 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. It appears that an error was made during the preparation of the applicants
DD Form 214, dated 4 August 1969, which resulted in the incorrect SSN being reflected.
2. The evidence of record clearly shows his SSN as "XXX-XX-2XXX." Therefore, 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 4 August 1969, to show the SSN as it is listed in item 3 on his DD Form 214, dated 24 April 1967.
_______ _ _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) AR20120001568
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ABCMR Record of Proceedings (cont) AR20120001568
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