IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120002808
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-X5XX."
2. The applicant states, in effect, that:
* an administrative error was made when his SSN was entered on his DD Form 214
* he has provided his social security card to confirm his SSN
3. The applicant provides:
* DD Form 214
* 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. On 2 August 1966, the applicant was inducted in the Army of the United States. He completed training and was awarded military occupational specialty 64A (Light Wheeled Vehicle Driver). The highest rank/grade he attained while on active duty was private first class/E-3.
3. The applicant's service number was the primary number used on documents in his official military personnel file. However, his record contains the following two documents showing his SSN as "XXX-XX-X5XX":
a. DD Form 398 (Statement of Personal History), dated 16 July 1966;
b. DA Form 3027 (U.S. Army Request for National Agency Check), dated 17 August 1966; and
c. Orders, dated 5 August 1968, releasing him from active duty.
4. His DD Form 214 shows he was honorably released from active duty on 5 August 1968. He completed 1 year, 11 months, and 12 days of active military service, and his SSN is listed as "XXX-XX-X3XX."
5. He provides his social security card listing his SSN as "XXX-XX-X5XX."
6. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldier's 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 stated, in pertinent part, that the complete name and social security number of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
Most of the documents in the applicant's records list his service number. However, his record contains a DD Form 398, DA Form 3027, and Orders releasing him from active duty that list his SSN as "XXX-XX-X5XX," which is the SSN listed on his social security card. Therefore, it would be appropriate to correct item 3 of his DD Form 214 to reflect this 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 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.
ABCMR Record of Proceedings (cont) AR20120002808
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ABCMR Record of Proceedings (cont) AR20120002808
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