IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120003326
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 sixth digit of his Social Security Number (SSN) as "7."
2. The applicant states the number on his DD Form 214 is incorrect and needs to be corrected for the purpose of obtaining Department of Veterans Affairs benefits.
3. The applicant provides:
* DD Form 214
* Certificate of Appreciation (Faithful Performance of Duty)
* USARYIS Form 577 (Individual Training Record)
* Form 1040 (U.S. Individual Income Tax Return) 2010
* Special Orders Number 64 (Permanent Change of Station)
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 29 July 1969.
3. The applicant's Official Military Personnel File (OMPF) includes documents which show various SSN's. However, it also contains a DD Form 398 (Statement of Personal History) and a DD Form 4 (Enlistment Contract-Armed Forces of the United States) which lists the sixth digit of his SSN as 7.
4. On 29 April 1971, the applicant was honorably released from active duty. Item 3 (Social Security Number) of the applicants DD Form 214 lists the sixth digit of his SSN as 2.
5. The applicant provided several documents that show the sixth digit of his SSN as "7."
6. Army Regulation 635-5 (Separation Documents), prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. It states that the complete name and SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of records confirms the applicant entered active duty and he served under an SSN using the sixth digit as "7" based on documents and orders in his OMPF. As a result, it appears the SSN entry on the applicant's DD Form 214 was the result of an administrative error.
2. In view of the foregoing, it would be appropriate to correct his DD Form 214 to show the proper 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 item 3 of his DD Form 214 by replacing the sixth digit with a "7" as it is listed on his DD Form 398 and DD Form 4.
_______ _ _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) AR20120003326
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ABCMR Record of Proceedings (cont) AR20120003326
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