BOARD DATE: 14 June 2012
DOCKET NUMBER: AR20120002092
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, in effect, 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 x01-xx-xxxx instead of x10-xx-xxxx.
2. The applicant states, in effect, the SSN listed in Item 3 (Social Security Number) of his DD Form 214 is incorrect.
3. The applicant provides his DD Form 214 and a copy of 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 enlisted in the Regular Army on 23 May 1969. He completed basic combat and advanced individual training, and he was awarded military occupational specialty (MOS) 62B (Heavy Equipment Repair). The highest rank/grade he attained while serving on active duty was specialist four/E4.
3. The primary identification number used at the time of his enlistment was the Service Number (SN) which is the number listed on his DD Form 4 (Enlistment Contract Armed Forces of the United States).
4. A DD Form 369 (Police Record Check) dated 24 May 1971 listed his SSN as x01-xx-xxxx. This document contains his signature.
5. Item 8 (Military Service Grade and Service Number) of the applicants DD Form 398 (Statement of Personal History), dated 24 May 1971, shows his SSN as x01-xx-xxxx. This document contains his signature.
6. The DA Form 20 (Enlisted Qualification Record) prepared for the applicant on 29 May 1969 lists his SSN as x01-xx-xxxx, the same SSN listed on his SSN card.
7. On 9 March 1972, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
8. The applicant provides a copy of his social security card which shows his SSN as x01-xx-xxxx.
9. 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 established standardized policy for the preparation of the DD Form 214. It states that the complete name and SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant entered active duty and he served under SSN x01-xx-xxxx as listed on the DD Form 398, DA Form 20, and the majority of documents and orders in his MPRJ. It appears the SSN listed on the applicants DD Form 214 was the result of an administrative error.
2. In addition, the applicant provides his SSN card which shows his SSN as x01-xx-xxxx.
3. In view of the foregoing, it would be appropriate at this time to amend his DD Form 214 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 amending his DD Form 214 to list his SSN as shown 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) AR20120002092
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ABCMR Record of Proceedings (cont) AR20120002092
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