IN THE CASE OF:
BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120003049
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 the last two digits of his social security number (SSN) as "76" vice "37."
2. The applicant states his discharge papers have the wrong SSN due to a clerical error.
3. The applicant provides a certificate, orders, a statement, DA Form 137 (Installation Clearance Record), and DA Form 1811 (Physical and Mental Status on Release from Active Service).
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's records show he enlisted in the Regular Army (RA) on 29 November 1965 and he held military occupational specialty 42D (Dental Laboratory Specialist).
3. His DA Form 20 (Enlisted Qualification Record) created upon entry on active duty shows his SSN with the last two digits as "37."
4. His records contain a DD Form 3027 (U.S. Army National Agency Check), dated 24 January 1966, which shows the last two digits of his SSN as "76."
5. His record contains several orders, personnel, and legal documents that show only his service number and not his SSN. His record also contains several orders, personnel, and legal documents that show his SSN with the last two digits as "37."
6. A DA Form 3327 (Individual/Organizational Clothing and Equipment Record), dated 30 August 1968, shows the last two digits of his SSN as "76."
7. He was honorably released from active duty on 27 November 1968 and transferred to the U.S. Army Reserve. He completed 2 years, 11 months, and 29 days of creditable active service.
8. Item 3 (SSN) on the applicant's DD Form 214 shows his SSN with the last two digits as "37."
9. The applicant provides a statement from the Social Security Administration, dated 10 January 2012, which states their records show a person with the same full name as the applicant was assigned an SSN with the last two digits as "76."
DISCUSSION AND CONCLUSIONS:
The National Agency Check, dated just 2 months after the applicant's entry on active duty, lists his SSN with the last two digits as "76." It appears an administrative error occurred when his DA Form 20 was created and his SSN was listed with the last two digits as "37." This error was repeated throughout much of his military service and his DD Form 214 was prepared with the last two digits of his SSN as "37." Therefore, it would be appropriate to correct 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 deleting the SSN listed on his DD Form 214 and adding the SSN as it is listed on the statement from the Social Security Administration.
_______ _ 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) AR20120003049
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ABCMR Record of Proceedings (cont) AR20120003049
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