BOARD DATE:	  20 September 2012

		DOCKET NUMBER:  AR20120005198 


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 his social security number (SSN) as "xxx-x6-x57x" instead of "xxx-x5-x62x."

2.  He states the SSN recorded in his military service records is incorrect as a result of hurried, late-night separation processing and typographical errors.

3.  The applicant provides a copy of his DD Form 214 and discharge orders.

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 applicant's 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 applicant's 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 DD Form 4 (Enlistment Record - Armed Forces of the United States) shows he enlisted in the Regular Army on 19 January 1965.  The U.S. Armed Forces did not use the SSN at the time of the applicant's enlistment.

3.  A DD Form 398 (Statement of Personal History), prepared by the applicant on 25 August 1966, shows he entered his SSN as "xxx-x6-x57x."

4.  A DA Form 20 (Enlisted Qualification Record) shows in item 1 (Name and Service Number):  "xxx-x5-x67x."

5.  The applicant was honorably released from active duty (REFRAD) on
13 January 1968 as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.  He completed 2 years, 11 months, and 24 days of total active service.

	a.  The DD Form 214 he was issued at the time shows in item 3 (SSN) the entry "xxx-x5-x62x."

	b.  A DD Form 215 (Correction to DD Form 214), issued on 10 August 1987, corrected his DD Form 214 to show the "Purple Heart."  It also shows in item 3 (SSN) the entry "xxx-x5-x62x."

6.  Letter Orders Number 01-1001581, issued by The Office of the Adjutant General, U.S. Army Administration Center (USAAC), St. Louis, MO, dated
6 January 1971, honorably discharged the applicant from the USAR effective
18 January 1971.  The orders show his SSN as "xxx-x6-x57x."

7.  In support of his request, the applicant provides a copy of his DD Form 256A (Honorable Discharge Certificate) that shows he was honorably discharged from the U.S. Army on 18 January 1971.  The certificate shows his SSN as
"xxx-x6-x57x."

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It established standardized policy for preparing and distributing the DD Form 214.

	a.  The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.


	b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record and orders.  It states for item 3 to transcribe the SSN from the DA Form 2139 (Military Pay Voucher).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his SSN as "xxx-x6-x57x."

2.  The SSN was not being used at the time he enlisted in the Regular Army on 19 January 1965.

	a.  Records show the applicant indicated his SSN was "xxx-x6-x57x" as reflected on his DD Form 398 he completed during his enlistment processing.

	b.  Records show the SSN "xxx-x5-x67x" was associated with the applicant.

	c.  Upon his REFRAD on 13 January 1968, the SSN "xxx-x5-x62x" was recorded on his DD Form 214.

	d.  However, the orders that discharged the applicant from the USAR on
18 January 1971 and his Honorable Discharge Certificate show his SSN as
"xxx-x6-x57x."

3.  The evidence of record supports the applicant's contention that an incorrect SSN was associated with his military records and that his correct SSN was recorded in military records during his active duty service.  Therefore, it would be appropriate to correct the applicant's 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 the evidence presented is 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 for the period ending 13 January 1968 and DD Form 215, dated 10 August 1987, the current entry and replacing it with the social security number as shown on Letter Orders Number 01-1001581, dated 6 January 1971.



      __________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)                                         AR20120005198



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ABCMR Record of Proceedings (cont)                                         AR20120005198



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