BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120004399
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 the seventh and eighth digits of his social security number (SSN) as "25" instead of "52."
2. He states he needs his DD Form 214 corrected to receive benefits.
3. He provides his social security card and Form 1040 (U.S. Individual Income Tax Return) for 2010.
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 17 June 1966. His service record includes orders published on 4 June 1968 which indicate the seventh and eighth digits of his SSN as "25." He was released from active duty on 16 June 1969. His DD Form 214 shows the seventh and eighth digits of his SSN as "52."
3. He provided a copy of his social security card and his Form 1040 which list the seventh and eighth digits of his SSN as "25."
DISCUSSION AND CONCLUSIONS:
1. The applicant entered active service on 17 June 1966. At that time, a military service number was issued for the purpose of identification. However, his military personnel record contains a document which lists the seventh and eighth digits of his SSN as "25."
2. The social security card provided by the applicant confirms the seventh and eighth digits of his SSN as "25." Therefore, his DD Form 214 should be corrected to show his SSN as it is listed 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 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 current entry in 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.
ABCMR Record of Proceedings (cont) AR20120004399
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ABCMR Record of Proceedings (cont) AR20120004399
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