BOARD DATE: 2 October 2012
DOCKET NUMBER: AR20120005213
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 Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 14 May 2005 and 20 January 2010 to show his social security number (SSN) as "XXX-X4-XXXX" instead of "XXX-X5-XXXX."
2. He states his DD Forms 214 reflect the wrong SSN.
3. He provides his DD Forms 214 and social security card issued by the Social Security Administration.
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. A thorough review of documents contained in the applicant's military personnel records shows his social security number appears as both
"XXX-X4-XXXX" and "XXX-X5-XXXX" on several documents throughout his tenure of service.
3. Item 3 (SSN) of his DD Forms 214 for the periods ending 14 May 2005 and 20 January 2010 show his SSN as "XXX-X5-XXXX."
4. The applicant's SSN appears as "XXX-X4-XXXX" on the Integrated Web Services (IWS) database maintained by the U.S. Army Human Resources Command (HRC).
5. The applicant provides his SSN card which shows his SSN as
"XXX-X4-XXXX."
6. 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 the complete name and social security number of the separating service member will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Forms 214 should be corrected to show his SSN as "XXX-X4-XXXX" was carefully considered and determined to have merit.
2. Although the applicant's social security number appears as both
"XXX-X4-XXXX" and "XXX-X5-XXXX" in his military personnel records, the Social Security Administration confirms the applicant's social security number is "XXX-X4-XXXX." Additionally, his SSN appears as "XXX-X4-XXXX" on the HRC IWS database. Therefore, he is entitled to have his DD Forms 214 corrected to show his social security number as "XXX-X4-XXXX."
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 amending his DD Forms 214 for the periods ending 14 May 2005 and 20 January 2010 to show his SSN as it is 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) AR20120005213
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ABCMR Record of Proceedings (cont) AR20120005213
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