BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120004085
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "XXX-X6-233X" vice "XXX-X4-322X."
2. The applicant states he was issued one SSN and he has only used that number. The SSN that is listed on his DD Form 214 is in error. He further states he contacted the Social Security Administration and he was told the SSN listed on his DD Form 214 belongs to a deceased person.
3. The applicant provides copies of a printout from the Social Security Administration, his social security card, and his DD Form 214.
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 4 December 1969 and served continuously until he was honorably released from active duty on 7 July 1971.
3. Item 13 (Employment - SSN) of his DD Form 398 (Statement of Personal History), lists his SSN as XXX-X6-233X.
4. A review of documents contained in his military personnel records, many of which bear his signature, consistently list his SSN as "XXX-X4-322X" throughout his tenure of service.
5. Item 3 (SSN) of his DD Form 214 issued at the time of separation lists his SSN as "XXX-X4-322X" and bears his signature.
6. However, he provides a copy of his social security card issued by the U.S. Social Security Administration which shows his SSN as "XXX-X6-233X."
7. 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 the complete name and SSN of the separating service member will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as "XXX-X6-233X" was carefully considered and determined to have merit.
2. The SSN the applicant claims is correct and the SSN that he claims is wrong are both listed in his military records. However, based on the applicant's DD Form 398, documentation from the Social Security Administration, and his social security card the evidence is sufficient to support that the SSN listed on his
DD Form 214 is in error.
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.
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