IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120002637
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 "XXX-XX-XXX6" instead of "XXX-XX-XXX8."
2. The applicant states his SSN should be listed on his DD Form 214 as it is listed on his social security card.
3. The applicant provides copies of his DD Form 214 and social security card.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. The American Legion, acting as the applicant's counsel, requests his
DD Form 214 be corrected to show his correct SSN.
2. Counsel states, in effect, that following a careful review of the evidentiary record it is their opinion that the facts are sufficient to support the applicant's request for an equitable review of his contention.
3. Counsel provides no additional evidence.
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 5 September 1961.
3. His DD Form 398 (Statement of Personal History) shows the SSN he claims is correct.
4. He was honorably released from active duty on 4 September 1964. Item 32 (Remarks) of his DD Form 214 shows the SSN he claims is incorrect.
5. He provided a copy of his social security card that shows his SSN as
"XXX-XX-XXX6."
6. 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 duty. 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 SSN as it is listed on his social security card has been carefully reviewed.
2. The applicant's DD Form 398 and social security card show the SSN he claims is correct; however, his DD Form 214 shows a different SSN. It is evident that an error was made in the preparation of his DD Form 214 in that the incorrect SSN was recorded. Therefore, it would be appropriate to correct item 32 of his DD Form 214 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 amending item 32 of his DD Form 214 to show 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.
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