IN THE CASE OF:
BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120004860
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 the last four digits of his social security number (SSN) be changed to 9102 on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 28 April 1968.
2. The applicant states the SSN on his DD Form 214 is incorrect.
3. The applicant provides an SSN Printout from the Social Security Administration, dated 17 February 2012.
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. He was inducted into the Army of the United States on 19 May 1966.
3. His DD Form 47 (Record of Induction) does not contain any entries or information concerning his SSN. At the time of his induction, military members were identified by a military service number.
4. Documents throughout his Military Personnel Records Jacket (MPRJ) identify him using his military service number. A limited number of documents also show his SSN with the last four digits as 9501.
5. On 28 April 1968, he was released from active duty and transferred to the U.S. Army Reserve (USAR). Item 3 (Social Security Number) of his
DD Form 214 shows his SSN with the last four digits as 9501.
6. His records do not contain a DA Form 2139 (Military Pay Voucher).
7. A USAAC Form 171 (Army Reserve Status and Address Verification), dated 16 July 1970, shows his SSN with the last four digits as 9501. An annotation in the correction or change block corrects his SSN to show the last four digits as 9102.
8. His orders for discharge from the USAR, dated 19 April 1972, show his SSN with the last four digits as 9102.
9. The printout from the Social Security Administration, provided by the applicant, shows his SSN with the last four digits as 9102.
10. In accordance with a directive from the Office of the Secretary of Defense, the SSN replaced the military service for identifying military personnel effective
1 July 1969.
11. Army Regulation 635-5 (Separation Documents), in effect at the time, stated the SSN in item 3 (SSN) of the DD Form 214 would be transcribed from the Soldier's DA Form 2139.
DISCUSSION AND CONCLUSIONS:
1. During his period of active service Soldiers were identified using their military service number. Therefore, an error in his SSN could easily have gone undetected. His MPRJ does not contain a DA Form 2139.
2. In July 1970, while in the USAR, his SSN was corrected to show the last four digits as 9102. The SSN printout from the Social Security Administration that he provided shows the last four digits of his SSN as 9102. Therefore, there is sufficient evidence to support changing item 3 of his DD Form 214 to show his SSN as indicated on the SSN printout from the Social Security Administration, dated 17 February 2012.
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 from item 3 of his DD Form 214 with an effective date of 28 April 1968 and entering his SSN as shown on the SSN printout from the Social Security Administration, dated 17 February 2012.
_______ _ _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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