IN THE CASE OF:
BOARD DATE: 13 September 2012
DOCKET NUMBER: AR20120005353
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-xx-8xxx" instead of "xxx-xx-5xxx."
2. The applicant states his SSN incorrect on his DD Form 214.
3. The applicant provides his Social Security card and DD Form 214
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's DD Form 398 (Statement of Personal History) completed during his induction processing, dated 25 July 1966, shows in item 13 (Employment/SSN) his SSN as "xxx-xx-8xxx."
3. He was inducted into the Army of the United States on 26 July 1966. He served as a wheel vehicle mechanic in Germany. On 8 July 1968, he was honorably released from active duty by reason of early separation from overseas. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.
4. Item 3 (SSN) of his DD Form 214 shows his SSN as "xxx-xx-5xxx."
5. He provides a copy of his Social Security card that shows his SSN as
"xxx-xx-8xxx."
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 398, dated 25 July 1966, shows his SSN as
"xxx-xx-8xxx" that corresponds with the Social Security card he provides. Therefore, it would be appropriate to correct his DD Form 214 to reflect his SSN as shown 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 from item 3 of his DD Form 214 the current entry and replacing it with the SSN as 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) AR20120005353
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120005353
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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