IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20120002489
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 "XX9-XX-XXXX" instead of "XX4-XX-XXXX."
2. The applicant states the SSN shown on his DD Form 214 is in error.
3. The applicant provides a DD Form 214.
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 inducted into the Army on 25 July 1969.
3. All documents in his Official Military Personnel File (OMPF) lists SSN
"XX9-XX-XXXX" to include his DD Form 398 (Statement of Personal History).
4. He was honorably released from active duty on 27 February 1971. His
DD Form 214 shows the SSN he claims is incorrect.
5. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his correct SSN has been carefully reviewed.
2. His entire OMPF lists SSN "XX9-XX-XXXX" to include his DD Form 398; however, his DD Form 214 lists a different SSN. It is evident that an error was made in the preparation of his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show his SSN as it is listed on his DD Form 398.
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 show his SSN as it is listed on his DD Form 398.
__________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) AR20120002489
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120002489
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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