IN THE CASE OF:
BOARD DATE: 16 August 2012
DOCKET NUMBER: AR20120004014
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 in item 3 (Social Security Number) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the SSN listed on his DD Form 214 is incorrect and should be corrected to reflect the SSN on his social security card (SSC).
3. The applicant provides a copy of his SSC in support of his request.
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's record shows he was inducted into the Army on 10 November 1965. The service number (SN) was the primary identification number used by the Army at the time of the applicant's enlistment. His DD Form 47 (Record of Induction) does not list an SSN. The applicant's record contains a DD Form 398 (Statement of Personal History) and DA Form 3027 (Army National Agency Check) completed during his induction processing in November 1965 which both list his SSN as "X7X-XX-XXXX."
3. The applicants DA Form 20 and all documents on file in his Military Personnel Records Jacket (MPRJ) with the exception of the DD Form 398 and DA Form 3027 referred to in the preceding paragraph do not contain an SSN.
4. The DD Form 214 issued to the applicant upon his release from active duty on 9 November 1967 lists the SSN as "X4XXX-XXXX in item 3.
5. The applicant provides a SSC that lists his SSN as X7X-XX-XXXX.
DISCUSSION AND CONCLUSIONS:
The applicant's request to correct the SSN shown on his DD Form 214 has been carefully considered and is found to have merit. The evidence of record confirms the applicant provided his correct SSN at the time of his induction, as evidenced by the DD Form 398 and DA Form 3027 in the record. It also confirms the SN and not the SSN was used in all other records and documents prepared during his military service. Therefore, it would be appropriate to correct his DD Form 214 accordingly.
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 amending his DD Form 214 by deleting current SSN and replacing it with the SSN shown on his DD Form 398, DA Form 3027, and SSC.
_______ _ _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) AR20120004014
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ABCMR Record of Proceedings (cont) AR20120004014
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