IN THE CASE OF:
BOARD DATE: 19 July 2012
DOCKET NUMBER: AR20120001626
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) for the period ending 23 October 1965 to show his social security number (SSN) as "xxx-xx-3xxx" instead of
"xxx-xx-2xxx."
2. The applicant states his SSN is wrong on this DD Form 214.
3. The applicant provides two DD Forms 214 and a Department of Veterans Affairs (VA) identification (ID) 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 the West Virginia Army National Guard (WVARNG) on 29 May 1964. His DD Form 4 (Enlistment Record - Armed Forces of the United States) shows only his service number (SN) and not his SSN.
3. He entered active duty for training on 9 June 1965. He completed training and he was awarded military occupational specialty (MOS) 11E (Armor Crewman).
4. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN as "xxx-xx-3xxx."
5. His record contains several orders from this period of service that only show his SN and not his SSN.
6. He was honorably released from active duty on 23 October 1965 and he was reverted to the WVARNG. He completed 4 months and 15 days of total active service during this period of service.
7. Item 32 (Remarks) of the DD Form 214 he was issued for this period of service lists his SSN as "xxx-xx-2xxx."
8. His record contains numerous personnel, finance, medical, and legal documents including assignment orders and an application for an ID card that all show his SSN as "xxx-xx-3xxx."
9. Letter Orders D-11-927, issued by Headquarters, First U.S. Army, Fort George G. Meade, MD, dated 17 November 1969, ordered him to active duty with a reporting date of 29 December 1969. These orders show his SSN as
"xxx-xx-3xxx."
10. He entered active duty on 29 December 1969. He was honorably discharged on 21 May 1971 by reason of early separation from overseas. He completed 1 year, 4 months, and 23 days of net active service during this period of service for 1 year, 11 months, and 22 days of total active service.
11. Item 3 (SSN) of the DD Form 214 for this period of service lists his SSN as "xxx-xx-3xxx."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's SSN was listed as "xxx-xx-3xxx" throughout his military service. It appears that an administrative error occurred during the preparation of his DD Form 214 for the period ending 23 October 1965 that shows his SSN as "xxx-xx-2xxx." Therefore, it would be appropriate at this time to correct his DD Form 214 for the period ending 23 October 1965 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 his SSN from his DD Form 214 for the period ending 23 October 1965 and replacing it with the SSN as shown on his DD Form 214 for the period ending 21 May 1971 and other record documents associated with this case.
__________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) AR20120001626
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ABCMR Record of Proceedings (cont) AR20120001626
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