IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120002075
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 third digit of his social security number (SSN) as "2" instead of "7."
2. He states a typographical error caused the third digit of his SSN to be listed as "7" on his DD Form 214.
3. He provides his DD Form 214, discharge orders from the U.S. Army Reserve (USAR) Control Group (Standby), 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 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 was appointed as a Reserve commissioned officer on 23 April 1965 and he was ordered to active duty on 1 July 1965.
3. The following documents contained in the applicant's military personnel records show the third digit of his SSN as "2."
* DD Form 398 (Statement of Personal History)
* DA Form 66 (Officer Qualification Record)
* DA Form 41 (Record of Emergency Data)
* AGPZ Form 40 (Extract)
4. He was released from active duty on 15 September 1968 and transferred to the USAR Control Group (Reinforcement). His DD Form 214 shows the third digit of his SSN as "7."
5. He provided a copy of his social security card and his discharge orders from the USAR Control Group (Standby), dated 15 June 1971, which show the third digit of his SSN as "2."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that a typographical error caused the wrong SSN to be listed on his DD Form 214 was carefully considered and determined to have merit.
2. The applicant was ordered to active duty on 1 July 1965. At that time, a military service number was issued for the purpose of identification. However, his military personnel record contains documents which show the third digit of his SSN as "2."
3. The social security card provided by the applicant confirms the third digit of his SSN as "2." Therefore, his DD Form 214 should be corrected to show 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 deleting the current entry in item 3 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) AR20120002075
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ABCMR Record of Proceedings (cont) AR20120002075
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