IN THE CASE OF:
BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120005079
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 last two digits of his social security number (SSN) as "74" vice "94."
2. The applicant states the SSN on his DD Form 214 is incorrect. He is submitting a copy of his social security card which clearly shows the last two digits of his SSN are "74" and not "94."
3. The applicant provides 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's records show he was inducted into the Army of the United States on 7 June 1966 and he held military occupational specialty 67N (UH-1 Helicopter Repairman).
3. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN with the last two digits as "74." He authenticated this form by placing his signature in the appropriate block on 18 December 1967.
4. A DA Form 41 (Record of Emergency Data), dated 3 February 1968, shows his SSN with the last two digits as "74." He authenticated this form by placing his signature in the appropriate block on 3 February 1968.
5. His records contain a Processing Data Card, undated, that shows his SSN with the last two digits as "74."
6. Special Orders Number 119, dated 3 June 1968, issued by U.S. Army Aviation Center, Fort Rucker, AL, released him from active duty effective 6 June 1968. These orders show his SSN with the last two digits as "94."
7. He was honorably released from active duty on 6 June 1968 and transferred to the U.S. Army Reserve. He completed 2 years of creditable active service.
8. Item 3 (SSN) of the applicant's DD Form 214 shows his SSN with the last two digits as "94."
9. The applicant provides a social security card, undated, wherein it shows a person with the same full name as the applicant has an SSN as shown on the applicant's DA Form 41 with the last two digits as "74."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's SSN was listed with the last two digits as "74" when his DA Form 20 was created upon his entry on active duty. It appears an administrative error occurred when the orders releasing him from active duty were published with the last two digits of his SSN listed as "94." This error was compounded when his DD Form 214 was prepared with the last two digits of his SSN as "94." Therefore, it would be appropriate to correct his DD Form 214 to show his correct SSN.
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 SSN listed on 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) AR20120005079
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ABCMR Record of Proceedings (cont) AR20120005079
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