BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120003752
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 social security number (SSN) in his official military personnel file (OMPF) to show his SSN as shown on his social security card.
2. The applicant states his SSN is shown in his OMPF with the last two digits as "21." His correct SSN is shown on his social security card with the last two digits as "12."
3. The applicant provides 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. His OMPF contains a letter from Holly Hill-Roberts High School, Holly Hill, SC, dated 20 June 1997. The letter certifies he was a high school senior and was expected to graduate on 11 May 1998. The letter mentions his SSN with the last two digits as "21." However, a copy of his social security card is part of the letter and the social security card shows his SSN with the last two digits as "12."
3. He enlisted in the Regular Army on 28 May 1998. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows his SSN with the last two digits as "21."
4. Documents throughout his OMPF show his SSN with the last two digits as "21."
5. On 29 June 2003, he was released from active duty. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his SSN with the last two digits as "21."
6. The social security card he provided shows his SSN with the last two digits as "12."
DISCUSSION AND CONCLUSIONS:
The social security card attached to the letter from Holly Hill-Roberts High School contained in his OMPF and the social security card he provided show his SSN with the last two digits as "12." Therefore, there is sufficient evidence to change his SSN in his OMPF to the 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 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:
a. changing his SSN on all records in his OMPF to show his SSN as shown on his social security card; and
b. deleting the current entry in item 3 (Social Security Number) of his DD Form 214 with a separation date of 29 June 2003 and entering his SSN as shown 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) AR20120003752
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ABCMR Record of Proceedings (cont) AR20120003752
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