IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20120001808
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) and all other military records to show his social security number (SSN) as "XXX-5X-3XX9."
2. The applicant states the incorrect SSN on key documents to include his
DD Form 214 prevents him from receiving his medical records, Department of Veterans Affairs (VA) benefits, and medical help.
3. The applicant provides:
* DD Form 214
* Honorable Discharge Certificate from the U.S. Army Reserve (USAR)
* USAR discharge orders
* Social security card
* Alaska Driver License
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's DD Form 398 (Statement of Personal History), dated
20 September 1966, shows his SSN as "XXX-5X-3XX9."
3. He enlisted in the Regular Army on 1 February 1967 for a period of 3 years. He served as a general vehicle repairman in Vietnam and he was released from active duty on 24 January 1970 and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.
4. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-3X-2XX9."
5. He was honorably discharged from the USAR on 29 September 1972. His discharge orders and Honorable Discharge Certificate show his SSN as "XXX-5X-3XX8."
6. He provides a copy of his social security card which shows his SSN as "XXX-5X-3XX9."
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 398, dated 20 September 1966, shows his SSN as "XXX-5X-3XX9." Therefore, it would be appropriate to correct his DD Form 214 and military records to reflect his SSN as it is listed 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 amending the SSN shown on his DD Form 214, Honorable Discharge Certificate, and USAR discharge orders to list his 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) AR20120001808
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ABCMR Record of Proceedings (cont) AR20120001808
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