BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120003461
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-0562."
2. He states he was going home on emergency leave at the time his DD Form 214 was produced with the incorrect SSN.
3. He provides his DD Form 214 and his 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 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 19 October 1966.
3. He was released from active duty on 21 July 1968. His DD Form 214 shows his SSN as "XXX-XX-0561."
4. His DA Form 20 (Enlisted Qualification Record) and DD Form 398 (Statement of Personal History) show his SSN was initially entered as "XXX-XX-0562" and then overwritten as "XXX-XX-0561."
5. The following orders show his SSN as "XXX-XX-0562":
* Special Orders Number 61 published by Headquarters, U.S. Army Transportation Center and Fort Eustis, dated 15 March 1968
* Special Orders Number 59 published by Headquarters, U.S. Army Transportation School, dated 25 March 1968
* Special Orders 113 published by Headquarters, U.S. Army Vietnam Transient Detachment, dated 22 April 1968
* Special Orders Number 55 published by Headquarters, U.S. Army Support Command, Da Nang (Provisional), dated 24 April 1968
* Letter Orders Number 09-1370444 published by the U.S. Army Reserve Components Personnel Center and Administration Center, dated 20 September 1972
6. His DA Form 201 (Military Personnel Records Jacket) contains a label showing his SSN as "XXX-XX-0562."
7. The social security card he submits shows his SSN as "XXX-XX-0562."
DISCUSSION AND CONCLUSIONS:
1. His DD Form 214, DA Form 20, and DD Form 398 show his SSN as
"XXX-XX-0561." However, the label on his DA Form 201 and numerous orders in his records show his SSN as "XXX-XX-0562."
2. The social security card he provided shows his SSN as "XXX-XX-0562." Therefore, the evidence is sufficient to correct his DD Form 214 to show his SSN as "XXX-XX-0562."
BOARD VOTE:
________ ________ ________ 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 amending his DD Form 214 to show his SSN as shown on the social security card he submits.
_________________________
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.
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