BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120004680
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his Honorable Discharge Certificate be corrected to show that the last digit of his Social Security Number (SSN) is a 4 instead of a 7.
2. The applicant states that his DD Form 214 and Honorable Discharge Certificate incorrectly show that the last digit of his SSN is a 7 instead of a 4.
3. The applicant provides copies of his DD Form 214, discharge orders, Honorable Discharge Certificate, and his 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 on 3 August 1965 for a period of 3 years. At the time of his enlistment he was issued a Regular Army Service Number and his records were prepared to reflect an SSN ending with the number 4.
3. He completed his training and served until he was honorably released from active duty (REFRAD) on 15 January 1968 due to hardship. He had served 2 years, 5 months, and 13 days of active service and his DD Form 214 issued at the time of his REFRAD reflects that his SSN in block 3 ends with the number 7.
4. On 2 August 1971 he was honorably discharged from the U.S. Army Reserve (USAR) and his Honorable Discharge Certificate reflects that his SSN ends with the number 7.
5. A review of his official records shows that in each instance where his SSN is recorded in his records the last digit is a 4. The SSN that is reflected on his DD Form 214 and Honorable Discharge Certificate does not appear anywhere in his records.
6. On 1 July 1969, the Army discontinued the issuance and use of the Army service number and began using the SSAN for identification. Prior to 1 July 1969, service members were not required to maintain an SSAN in their records; however, they were usually recorded when provided by the individual Soldier.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his SSN is incorrectly reflected on his DD Form 214 and Honorable Discharge Certificate has been noted and found to have merit.
2. The only SSN recorded in his records during the period he served ended with the last digit of 4. However, it is apparent that an administrative error resulted in his DD Form 214 and Honorable Discharge Certificate being prepared to reflect a SSN ending with the last digit of 7.
3. Accordingly, those records should be corrected to reflect his correct SSN.
BOARD VOTE:
___x__ ___x_____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 correcting his DD Form 214 to reflect the SSN that is reflected on his Social Security Card and issuing him a new Honorable Discharge Certificate with the correct SSN to replace the Honorable Discharge Certificate now held by him.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20120004680
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