BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120005303
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 the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states the "last four" of the SSN on his DD Form 214 are incorrect.
3. He provides his DD Form 214, social security card, and Honorable Discharge Certificate.
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. On 8 February 1961, the applicant enlisted in the New Jersey Army National Guard (NJARNG). His record shows he entered active duty on the same date.
3. On 22 October 1961, he was honorably released from active duty and returned to the NJARNG to complete his remaining service obligation. Item 32 (Remarks) of the DD Form 214 issued at that time shows his SSN as
XXX-XX-94XX.
4. A DA Form 41 (Record of Emergency Data), dated 15 February 1962, shows his SSN as XXX-XX-96XX. The form bears his signature and the signature of a witness.
5. On 7 February 1964, he was honorably discharged from the NJARNG, and he provides an Honorable Discharge Certificate showing he was discharged from the Army of the United States on 21 January 1969.
6. He provides his social security card, which shows his SSN as XXX-XX-96XX.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the SSN shown on the applicant's social security card was properly entered in his record during his service. It appears an error was made in entering his SSN on his DD Form 214.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. He served under the SSN shown on his social security card. Therefore, it would be appropriate to correct his DD Form 214 to reflect this 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 replacing the SSN shown in item 32 of his DD Form 214 with the SSN 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) AR20120005303
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ABCMR Record of Proceedings (cont) AR20120005303
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