IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120003841
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the fourth digit of his social security number (SSN) as "8" and the ninth digit as "6."
2. The applicant states when he lost his billfold his SSN was written on a piece of paper and he believed his DD Form 214 was just unreadable at the time of discharge. He further states he needs his DD Form 214 corrected for his records and health care at the Department of Veterans Affairs (VA).
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 22 June 1967.
3. The applicants Official Military Personnel File (OMPF) includes documents which show various SSNs. However, it also contains three special orders which list the fourth digit as "8" and the ninth digit as "6."
4. The applicant was honorably released from active duty on 3 June 1969. Item 3 (Social Security Number) of his DD Form 214 shows the fourth digit of his SSN as 3 and the ninth digit as 8.
5. The SSN card which the applicant provides shows the fourth digit of his SSN as"8" and the ninth digit as "6."
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 record confirms the applicant served under an SSN using the fourth digit as "8" and the ninth digit as "6" based on orders in his OMPF, as corroborated and confirmed by the SSN card provided by the applicant. 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 deleting the SSN from item 3 of his DD Form 214 and adding the SSN as it is listed 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) AR20120003841
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