BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120004047
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), for the period ending 2 January 1969, to show his social security number (SSN) as
"XX4-XX-XXXX" instead of "XX9-XX-XXXX."
2. The applicant states the third digit of his SSN is a "4." His SSN is correctly shown on his subsequent DD Forms 214. He never noticed the SSN was incorrect on his first DD Form 214 until it was pointed out at the Alabama Department of Veterans Affairs office.
3. The applicant provides his 1969 discharge orders, DD Form 214, and 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 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 (RA) on 23 September 1966 for a period of 3 years. At the time of his entry on active duty, he was assigned and identified throughout his military service with an Army service number which began with the prefix "RA" for Regular Army.
3. His record contains a DD Form 4 (Enlistment Record Armed Forces of the United States), dated 23 September 1966, that does not show his SSN.
4. He was honorably discharged on 2 January 1969 for the purpose of immediate reenlistment. His DD Form 214 shows his SSN as "XX9-XX-XXXX."
5. He reenlisted in the RA on 3 January 1969 for 6 years. His record also contains:
a. DD Form 4, dated 3 January 1969, that does not show his SSN;
b. DD Form 4, dated 10 April 1975, that shows his SSN as "XX4-XX-XXXX";
c. DA Form 2-1 (Personnel Qualification Record - Part II) that shows his SSN as "XX4-XX-XXXX"; and
d. DA Form 3713 (Data for Retired Pay), dated 24 August 1988, that shows his SSN as "XX4-XX-XXXX."
6. He served continuously on active duty through several reenlistments until he was honorably retired on 31 October 1988. His DD Form 214 shows his SSN as "XX4-XX-XXXX."
7. He provides a copy of his social security card that shows his SSN as
"XX4-XX-XXXX."
8. 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 preparation of the DD Form 214. At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's SSN with the SSN of record.
DISCUSSION AND CONCLUSIONS:
The evidence of record does not identify the SSN the applicant had when he enlisted in the RA on 23 September 1966. At the time, he was assigned and identified throughout his military service with an Army service number. He was honorably discharged for immediately reenlistment on 2 January 1969. He was issued a DD Form 214 showing his SSN as "XX9-XX-XXXX."
2. He reenlisted in the RA on 3 January 1969 and his reenlistment document shows his SSN as "XX4-XX-XXXX." This SSN is shown on all documents contained in his military personnel record, with the exception of his 1969 DD Form 214, and is consistent with the SSN shown on his social security card. It appears that during the preparation of the applicant's DD Form 214 for the period ending 2 January 1969 an administrative error occurred. Therefore, it would be appropriate at this time to correct his 1969 DD Form 214 to show 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 deleting from the applicant's DD Form 214 for the period ending 2 January 1969 the current SSN entry and replacing it with the 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) AR20120004047
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ABCMR Record of Proceedings (cont) AR20120004047
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