IN THE CASE OF:
BOARD DATE: 11 September 2012
DOCKET NUMBER: AR20120005018
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 request, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the fourth digit of his Social Security Number (SSN) as "6" instead of "8."
2. The applicant states his DD Form 214 shows an incorrect SSN.
3. The applicant provides the following documents:
* DD Form 214
* SSN card
* 20-Year Letter
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 11 July 1979.
3. The applicant's Official Military Personnel File (OMPF) includes a copy of his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 29 June 1979, that lists the 4th digit of his SSN as "8" but it also contains a handwritten entry that lists the 4th digit as a "6."
4. Item 3 (SSN) of the applicant's DD Form 214 issued on 9 July 1982 lists the 4th digit of his SSN as 8.
5. His records contain a three additional enlistment contracts for his enlistments in the U.S. Army Reserve which list his 4th digit of his SSN as "6."
6. His record contains a DA Form 2-1 (Personnel Qualification Record), dated 8 February 1998, and Orders 140-114 (Permanent Change of Station), dated 20 May 1998, issued by the Headquarters, U.S. Army Reserve 90th Regional Support Command, which list the 4th digit of his SSN as "6."
7. The applicant provides an SSN card that lists the number "6" as the fourth digit of his SSN.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge,
or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time of the applicant's separation stated the
DA Form 2-1 and documents on file in the OMPF were the primary sources for information for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct the SSN shown on his DD Form 214 has been considered and is found to have merit.
2. The evidence of record confirms his 29 June 1979 DD Form 4 contains both SSNs, and since his subsequent service was performed using the SSN with the digit as a "6" it appears the 8 was an error.
3. In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.
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 from item 3 of his DD Form 214 the current entry and replacing it with the entry as shown 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) AR20120005018
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120005018
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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