BOARD DATE: 20 September 2012
DOCKET NUMBER: AR20120005185
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 (Report of Separation from Active Duty) to show his social security number (SSN) as "xxx-xx-xx2x" vice "xxx-xx-xx5x."
2. The applicant states, in effect, he believes a typographical error occurred which has caused him tremendous hardship with regard to documenting his military service with the Department of Veterans Affairs.
3. The applicant provides a copy of his social security card and State of Oklahoma Non-Driver Identification 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 7 January 1974.
3. Item 13 (Employment - SSN) of his DD Form 398 (Statement of Personal History) that was completed at the time of his recruitment action lists his SSN as "xxx-xx-xx5x."
4. Item 1 (Service Number/Social Security Account Number (SSAN)) of his
DD Form 4 (Enlistment Contract Armed Forces of the United States) lists his SSN as "xxx-xx-xx5x"; however, it contains a pen and ink change to show SSN "xxx-xx-xx2x."
5. Item 2 (SSN) of his DA Form 2-1 (Personnel Qualification Record) shows his SSN as "xxx-xx-xx2x."
6. A review of documents contained in the applicant's military personnel records show his SSN appears as both "xxx-xx-xx5x" and "xxx-xx-xx2x" on several documents dated throughout his tenure of service.
7. On 27 August 1975, the applicant was discharged from service. The applicants DD Form 214 lists his SSN as "xxx-xx-xx5x."
8. The applicant provides a copy of his social security card which shows his SSN as "xxx-xx-xx2x."
9. Army Regulation 635-5 (Separation Documents), prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. It states that the complete name and SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as "xxx-xx-xx2x" was carefully considered and determined to have merit.
2. The applicant's SSN appears as both "xxx-xx-xx5x" and "xxx-xx-xx2x" throughout his military personnel records. However, his DD Form 4, which was completed at the time of enlistment shows his SSN as "xxx-xx-xx2x." His social security card also shows his SSN as "xxx-xx-xx2x." It appears the SSN listed on the applicants DD Form 214 was the result of a typographical error. Therefore, he is entitled to have his DD Form 214 corrected to show the SSN that 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 SSN from 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.
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