IN THE CASE OF:
BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120001755
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 "3xx-xx-xxxx" instead of "5xx-xx-xxxx."
2. The applicant states his DD Form 214 has the incorrect SSN.
3. He provides copies of his:
* U.S. Army Reserve Discharge Orders, dated 24 April 1970
* Honorable Discharge Certificate, dated 30 April 1970
* 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 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 May 1964.
3. A review of his service personnel record shows that his SSN is listed as
"3xx-xx-xxxx" on all documents which require an SSN entry to include his:
* DA Form 41 (Record of Emergency Data)
* DA Form 3054 (Elections of Amount, Beneficiary Designation and Settlement Options for Servicemen's Group Life Insurance)
4. He was released from active duty on 7 May 1966. Item 32 (Remarks) of his DD Form 214 lists his SSN as "5xx-xx-xxxx."
5. He provided a copy of his Social Security Card which lists his SSN as
"3xx-xx-xxxx" and copies of his U.S. Army Reserve Discharge orders and Honorable Discharge Certificate, dated after the period of service covered by his DD Form 214, which show his SSN as "5xx-xx-xxxx."
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows that during the entire period he served in an active duty status he used SSN "3xx-xx-xxxx."
2. It appears that during the preparation of his DD Form 214 an administrative error occurred resulting in his SSN being recorded as "5xx-xx-xxxx" instead of "3xx-xx-xxxx."
3. In view of the foregoing item 32 of the applicant's DD Form 214 should be corrected to reflect his SSN as it is shown on his Social Security Card.
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 listed in item 32 of his DD Form 214 and adding the SSN as it is listed 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) AR20120001755
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ABCMR Record of Proceedings (cont) AR20120001755
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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