IN THE CASE OF:
BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120003832
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 the social security number (SSN) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the fifth digit of his SSN as 8."
2. The applicant states the SSN listed on his DD Form 214 is incorrect.
3. The applicant provides a copy of his DD Form 214 and SSN 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 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 was inducted into the Army of the United States on 8 August 1966. He completed basic combat and advanced individual training, and he was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver). The highest rank/grade he attained while serving on active duty was specialist four/E4.
3. The applicant's Official Military Personnel File (OMPF) shows the primary identification number used at the time of his induction was a Service Number (SN) which is listed on his DD Form 47 (Record of Induction). However, it also contains a DD Form 398 (Statement of Personal History) dated 7 August 1966 and a DA Form 20 (Enlisted Qualification Record) dated 13 August 1966, which list his SSN using the number "8" as the fifth digit.
4. The applicant was released from active duty on 7 August 1968 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. Item 3 (Social Security Number) of his DD Form 214 shows the number "2" as the fifth digit.
5. The applicant provides a copy of his SSN card which shows the number "8" as the fifth digit.
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 established 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 record confirms the applicant entered active duty and he served under an SSN using the number 8 as listed on the DD Form 398 and DA Form 20, as corroborated and confirmed by the SSN card provided by the applicant. As a result, it appears the SSN listed on the applicants 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 his DD Form 214 to list 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) AR20120003832
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ABCMR Record of Proceedings (cont) AR20120003832
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