IN THE CASE OF:
BOARD DATE: 11 September 2012
DOCKET NUMBER: AR20120005250
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 second digit of his social security number (SSN) as "2" versus "1." The applicant died on 20 March 2012, 13 days after he submitted his application to this Board. Therefore, he will hereafter be referred to as the former service member (FSM).
2. He stated his SSN is wrong and he needed his SSN fixed so he could receive medical coverage.
3. He provided the following:
* Social security card
* Certificate of birth
* Standard Form 46 (U.S. Government Motor Vehicle Operators Identification Card)
* Department of Veterans Administration File Number Identification
* United States Armed Forces Institute Military Test Report, dated
22 September 1967
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 FSM enlisted in the Regular Army on 10 August 1967. He was honorably released from active duty on 26 June 1970 and credited with 2 years, 10 months, and 17 days of total active service.
3. A review of his record shows the second digit of his SSN of "2" appears only on his DD Form 398 (Statement of Personal History), dated 19 July 1967. All other documents in his military file either contain a service number or show the second digit of his SSN as "1."
4. His DD Form 214, item 3 (SSN), shows the second digit of his SSN as "1."
5. His social security card is the only document the FSM provided that shows the second digit of his SSN as "2."
6. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
It appears the FSM's service number and his SSN with the second digit of "2" were used throughout his military service. However, his Statement of Personal History and his social security card confirm the second digit of his SSN is "2." Therefore, he is entitled to correction of 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 amending his DD Form 214 to show the second digit of his SSN is "2" as it appears 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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