IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120003042
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 the social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 11 July 1969 be corrected to show his SSN as shown on his SSN card.
2. The applicant states the SSN shown on his DD Form 214 should be the same as the SSN shown on his SSN card.
3. The applicant provides his SSN 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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. He was inducted into the Army of the United States on 7 July 1966.
3. His DD Form 47 (Record of Induction) does not contain any entries or information concerning his SSN. At the time of his induction, military members were identified by a military service number.
4. He was discharged on 11 July 1966 and immediately enlisted in the Regular Army on 12 July 1966.
a. His DD Form 214 with an effective date of 11 July 1966 contains an entry in item 32 (Remarks) showing his SSN as shown on his SSN card.
b. His DD Form 4 (Enlistment Record Armed Forces of the United States) does not contain his SSN.
5. The following additional documents in his Military Personnel Records Jacket (MPRJ) identify him with the SSN as shown on his SSN card:
* DD Form 398 (Statement of Personal History) signed by him on 10 July 1966
* Headquarters, Fort Devens, Fort Devens, MA, Special Orders Number 557, dated 10 March 1969
* Headquarters, Fort Devens, Fort Devens MA, Special Orders Number 162, dated 10 July 1969
6. His records do not contain a DA Form 2139 (Military Pay Voucher).
7. Army Regulation 635-5 (Separation Documents), in effect at the time, stated the SSN in item 3 (SSN) of the DD Form 214 would be transcribed from the Soldier's DA Form 2139.
DISCUSSION AND CONCLUSIONS:
1. During the period of his service, Soldiers were primarily identified by their military service number. His MPRJ does not contain a DA Form 2139. However, numerous documents in his MPRJ, including his DD Form 214 with an effective date of 11 July 1966, identify him with the SSN as shown on his SSN card.
2. Therefore, there is sufficient evidence to change item 3 of his DD Form 214 with an effective date of 11 July 1969 to show his SSN as shown on his SSN card.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 from item 3 of his DD Form 214 with an effective date of 11 July 1969 and entering his SSN as shown on his SSN 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) AR20120003042
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