IN THE CASE OF:	  

		BOARD DATE:	  2 August 2012

		DOCKET NUMBER:  AR20120001580 


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 the last two digits of his social security number (SSN) as "76" vice "16."

2.  The applicant states his SSN is listed wrong on his DD Form 214.

3.  The applicant provides his DD Form 214 for the period ending 28 February 1967 and his 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.  The applicant's records show he enlisted in the Regular Army (RA) on 25 March 1946 and he held military occupational specialty (MOS) 861 (Surgical Technician).  

3.  He was honorably released from active duty on 27 September 1947 and transferred to the Enlisted Reserve Corps (ERC).  He completed 1 year, 6 months, and 3 days of creditable active service during this period of service.  

4.  The WD AGO Form 53 (Enlisted Record and Report of Separation - Honorable Discharge) he was issued for this period of service shows only his serial number (SN) and not his SSN.

5.  He was honorably discharged from the ERC on 3 May 1948.  He completed 7 months and 5 days of creditable Reserve service.  The WD AGO Form 53 he was issued for this period of service shows only his SN and not his SSN.

6.  He enlisted in the RA on 4 May 1948 and he held MOS 3835 (Supply Records Specialist).  He was honorably discharged on 3 May 1951 for the purpose of immediate reenlistment.  He completed 3 years of creditable active service during this period of service.

7.  The DD Form 214 (Report of Separation from the Armed Forced of the United States) he was issued for this period of service shows only his SN and not his SSN.

8.  He reenlisted in the RA on 4 May 1951 and he held MOS 1677 (Military Police).  He was honorably discharged 3 May 1954.  He completed 3 years of creditable active service during this period of service.

9.  The DD Form 214 he was issued for this period of service shows only his SN and not his SSN.

10.  He enlisted in the RA on 29 July 1954.  He was honorably discharged on 30 July 1956 for the purpose of immediate reenlistment.  He completed 1 year, 5 months, and 13 days of creditable active service during this period of service. 

11.  The DD Form 214 he was issued for this period of service is not available for review with this case.

12.  He reenlisted in the RA on 31 July 1956.  He was honorably discharged on 19 July 1959 for the purpose of immediate reenlistment.  He completed 2 years, 11 months, and 19 days of creditable active service during this period of service.

13.  The DD Form 214 he was issued for this period of service shows only his SN and not his SSN.

14.  He reenlisted in the RA on 20 July 1959.  He was honorably discharged on 19 July 1962 for the purpose of immediate reenlistment.  He completed 3 years of creditable active service during this period of service.

15.  The DD Form 214 he was issued for this period of service shows only his SN and not his SSN.

16.  He reenlisted in the RA on 20 July 1962.  He was honorably discharged on 27 April 1966 for the purpose of immediate reenlistment.  He completed 3 years, 9 months, and 6 days of creditable active service during this period of service. 

17.  The DD Form 214 he was issued for this period of service is not available for review with this case.

18.  He reenlisted in the RA on 28 April 1966 and he held MOS 55E (Explosive Ordnance Disposal Specialist).  He was honorably retired on 28 February 1967.  He completed 10 months and 3 days of creditable active service during this period of service and 20 years, 1 month, and 5 days of total active service.

19.  Item 3 (SSN) of the DD Form 214 he was issued for this period of service shows his SSN with the last two digits as "16."

20.  His record includes numerous personnel, legal, and medical documents including assignment and retirement orders, and his DA Form 20 (Enlisted Qualification Record) that all show only his SN and not his SSN.

21.  Orders Number F-11-080322, dated 16 November 1981, issued by the U.S. Army Reserve Components Personnel and Administration Center, ordered him to active duty from retired status upon declaration of full mobilization with assignment to Fort Huachuca, AZ.  These orders show his SSN with the last two digits as "76."  There is no indication that the applicant was ever mobilized.

22.  The applicant provides a social security card that shows a person with the same full name as the applicant has an SSN with the last two digits as "76."

DISCUSSION AND CONCLUSIONS:

The evidence of record shows throughout the applicant's service only his SN was used and not his SSN.  It is not known what source document was used or if a clerical error occurred when his final DD Form 214 was prepared and his SSN was listed with the last two digits as "16."  As his record contains orders showing his SSN with the last two digits as "76," albeit dated 14 years after his retirement, it indicates that a typographical error may have occurred when his final DD Form 214 was prepared.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 28 February 1967 to show his SSN with the last two digits as "76." 

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 the SSN from his DD Form 214 for the period ending 28 February 1967 and replacing it with the SSN 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)                                         AR20120001580





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120001580



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1