IN THE CASE OF:	 MELING, HAL D.  

		BOARD DATE:	  21 August 2012

		DOCKET NUMBER:  AR20120004156 


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 Item 3 (Social Security Number (SSN)) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, the last two digits of his SSN are incorrect.  His correct SSN is xxx-xx-xx15 and not xxx-xx-xx51.  This correction will allow him to use the Department Veterans Affairs facilities and properly reflect his employment history when applying for social security benefits at age 65.

3.  The applicant provides his 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 applicant’s 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 applicant’s 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 8 September 1971 for a period of 3 years.

3.  His record contains a:

	a.  DD Form 398 (Statement of Personal History), dated 8 September 1971, that does not list his SSN; 

   b.  DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 8 September 1971, that shows the last two digits of his SSN were changed from "51" to "15"; and
   
   c.  Treasury Department Form SS-5 (Application for SSN (Or Replacement of Lost Card)), dated 8 September 1971, that shows he answered "yes" that he had previously applied for/or had a social security card in the State of Iowa.  The SSN listed on this application is xxx-xx-xx51.  
   
4.  On 18 May 1972, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 shows his SSN as xxx-xx-xx51.  

5.  He reenlisted in the RA on 19 May 1972 for 4 years.  His record contains a:

   a.  DD Form 4, dated 19 May 1972, that shows the last two digits of his SSN as "15"; and

   b.  DA Form 2-1 (Personnel Qualification Record - Part II), prepared on 2 April 1975, that shows his SSN as xxx-xx-xx15.

6.  He was honorably released from active duty on 18 August 1977 and transferred to the U.S. Army Reserve (USAR) Control Group (Standby).  His 
DD Form 214 lists his SSN as xxx-xx-xx15.

7.  He was honorably discharged from the USAR on 7 September 1977.  His discharge orders show his SSN as xxx-xx-xx15.

8.  He provides a copy of his social security card that shows his SSN as 
xxx-xx-xx15."





9.  Army Regulation 635-5 (Separation Documents) prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The 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:

1.  The available evidence appears to show the applicant enlisted in the RA under SSN xxx-xx-xx51.  His DD Form 4 was subsequently corrected to show the SSN of xxx-xxx-xx15.  The majority of the documents contained in the available record show his SSN as xxx-xx-xx15.  

2.  During the preparation of his DD Form 214 ending on 18 May 1972 his SSN was listed as xxx-xx-xx51.  During the preparation of his DD Form 214 ending on 18 August 1977 and his USAR discharge order his SSN was listed as
xxx-xx-xx15. 

3.  The documentation submitted by the applicant confirms his correct SSN is 
xxx-xx-xx15.  Therefore, he is entitled to correction of Item 3 on his DD Form 214 ending on 18 May 1972 to show his SSN as xxx-xxx-xx15.

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:

   a.  deleting the SSN that is listed in Item 3 of his DD Form 214; and
   
   
   
   b.  adding to Item 3 of applicant's DD Form 214 ending on 18 May 1972 the same social security number 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)                                         AR20120004156



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ABCMR Record of Proceedings (cont)                                         AR20120004156



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