IN THE CASE OF:
BOARD DATE: 9 August 2012
DOCKET NUMBER: AR20120003177
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 (Certificate of Release or discharge from Active Duty) to show his Social Security Number (SSN) as
"x89-xx-xxxx" instead of "x98-xx-xxxx."
2. The applicant states he just received his DD Form 214 and he needs Department of Veterans Affairs (VA) medical care.
3. The applicant provides:
* his DD Form 214
* his Social Security Card issued on 9 March 2011
* a letter from the Social Security Administration (SSA), dated 2 February 2012
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. The applicant's records are not available for review by the Board. However, there are sufficient records available for the Board to conduct a fair and equitable review of his case.
3. The applicant enlisted in the Regular Army in St. Louis, MO on 3 February 1981. He was transferred to Fort Leonard Wood, MO to undergo his training. He served until he was honorably released from active duty (REFRAD) on 11 June 1981 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 5-33f (1) and the Trainee Discharge Program. He completed 3 months and 12 days of creditable active service.
4. Item 3 (Social Security number) of the DD Form 214 he was issued at the time of his REFRAD shows his SSN as "x98-xx-xxxx."
5. The documents provided by the applicant show his SSN as "x89-xx-xxxx."
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation. Changes that occur subsequent to the date the DD Form 214 is issued are not authorized for entry on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Notwithstanding that the applicant's records are not available for review, the fact that the second and third digits of the SSN that is reflected on his DD Form 214 are transposed tends to indicate that an administrative error occurred at the time his DD Form 214 was prepared.
2. In view of the foregoing, it would be appropriate at this time to correct his
DD Form 214 to show his SSN as shown 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 deleting from item 3 of his DD Form 214 the current entry and replacing it with the Social Security Number as reflected 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) AR20120003177
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ABCMR Record of Proceedings (cont) AR20120003177
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