IN THE CASE OF:
BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120003893
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 that his DD Form 214 be corrected to reflect his new Social Security Number (SSN).
2. The applicant states, in effect, that he was given a temporary SSN at the time of his induction because he did not have his Social Security Number or card with him; however, he served under his correct SSN and was paid under that SSN.
3. The applicant provides a copy of his Social Security Card and a print-out from the Social Security Administration.
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 28 April 1971 for a period of 2 years. At the time of his enlistment his DD Form 4 (Enlistment Contract) was prepared to reflect a temporary identification number (TIN) (TINs beginning with the first digit of 9). However, his contract was subsequently corrected to reflect the SSN that is contained on his Social Security Card.
3. He completed his training as a data analysis specialist and continued to serve until he was honorably released from active duty (REFRAD) on 27 April 1973 due to the expiration of his term of service (ETS). He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that the TIN was entered in block 3 of his DD Form 214.
4. A review of the available records shows that at the time of his enlistment his physical/medical examination documents also contained the SSN that is reflected on his Social Security Card and his official records are filed under that SSN.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that information entered on the DD Form 214 will be obtained from official information recorded in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his SSN as reflected on his DD Form 214 is incorrect has been noted and found to have merit.
2. The evidence of record clearly shows that he provided his correct SSN after his enlistment and his records were corrected accordingly. However, through an administrative oversight, his TIN was incorrectly reflected on his DD Form 214 instead of his SSN.
3. Accordingly, it would be in the interest of justice to correct his DD Form 214 to show the SSN that is depicted on his Social Security Card.
BOARD VOTE:
___X__ __ ___X____ ____X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 TIN from item 3 of his DD Form 214 and replacing it with the SSN contained on his Social Security Card.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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.
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