IN THE CASE OF:
BOARD DATE: 18 September 2012
DOCKET NUMBER: AR20120005379
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 Social Security Number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his SSN on his DD Form 214 is wrong.
3. The applicant provides a copy of his Social Security Card.
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 was drafted into the Army of the United States for 2 years on 8 July 1966. Although he was assigned a service number he provided his SSN on pertinent documents.
3. The applicant's records contain a completed DD Form 2784 (Request for and Results of Personnel Security Action), which lists his SSN as it is listed on his Social Security Card and on the application submitted to this Board (with a 0 as the fourth digit).
4. The applicant's records also contain a DD Form 1407 (Dependent Medical Care). This document also lists his SSN as it is listed on his Social Security Card and the application submitted to this Board.
5. The applicant was honorably released from active duty on 5 July 1968. His DD Form 214 shows a 1 as the fourth digit.
DISCUSSION AND CONCLUSIONS:
1. The applicant entered the Army during the period when service numbers were used to identify Soldiers; however, he listed his SSN on key documents upon entry on active duty. The SSN he listed is the same SSN he lists on his application before this Board.
2. For reasons unknown, his DD Form 214 was improperly completed in item 3 (SSN). His fifth digit is incorrect. This error should be corrected.
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 the SSN from item 3 of his DD Form 214 and replacing it with the SSN listed 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) AR20120005379
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120005379
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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