IN THE CASE OF:
BOARD DATE: 5 July 2012
DOCKET NUMBER: AR20120001625
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-XXX8" instead of "XXX-XX-XXX0."
2. He states his SSN should be "XXX-XX-XXX8."
3. Although he indicates he provides his Medicare card, it was not enclosed with his application.
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 DA Form 41 (Record of Emergency Data) and DD Form 398 (Statement of Personal History) show his SSN as "XXX-XX-XXX8." A review of other documents contained in his military personnel record shows his SSN consistently appears as "XXX-XX-XXX8" throughout his service.
3. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-XXX0."
4. 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. This regulation establishes standardized policy for the preparation of the DD Form 214. It states the complete name and social security number of the separating service member will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as "XXX-XX-XXX8" was carefully considered and determined to have merit.
2. His SSN consistently appears as "XXX-XX-XXX8" in his military personnel record. As such, it appears the SSN entered on his DD Form 214 was the result of a typographical error. Therefore, he is entitled to correction of this DD Form 214 to show his SSN as "XXX-XX-XXX8."
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned by corrected by
deleting the current SSN from his DD Form 214 and replacing it with the SSN shown on his DA Form 41.
____________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) AR20120001625
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120001625
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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