IN THE CASE OF:
BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20120006032
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 third digit of his social security number (SSN) as "3" instead of "1."
2. He states his SSN is "XX3-XX-XXXX" as listed in all his other service records and on his social security card. The number "1" was erroneously typed in place of the "3" which was brought to his attention when he recently applied for Department of Veterans Affairs health care benefits.
3. He provides:
* social security card
* DD Form 214
* U.S. Army Administration Center (USAAC) Form 170 (Army Reserve Personnel Data Review)
* discharge orders from the U.S. Army Reserve (USAR) Control Group (Standby)
* 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 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. The applicant enlisted in the Regular Army on 10 February 1966.
3. The following documents contained in the applicant's military personnel records show the third digit of his SSN as "3."
* DD Form 398 (Statement of Personal History)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 41 (Record of Emergency Data)
4. He was released from active duty on 4 February 1969 and transferred to the USAR Control Group (Reinforcement). His DD Form 214 shows the third digit of his SSN as "1."
5. He provided the following documents which show the third digit of his SSN as "3."
* social security card
* USAAC Form 170, dated May 1969
* discharge orders from the USAR Control Group (Standby), dated 26 January 1972
* Honorable Discharge Certificate, dated 13 February 1972
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the number "1" was erroneously typed in place of the "3" on his DD Form 214 was carefully considered and determined to have merit.
2. The applicant enlisted in the Regular Army on 10 February 1966. At that time, a military service number was issued for the purpose of identification. However, his military personnel record contains documents which show the third digit of his SSN as "3."
3. The social security card provided by the applicant confirms the third digit of his SSN as "3." Therefore, his DD Form 214 should be corrected to show his SSN as it is listed 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 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 deleting the current entry in item 3 of his DD Form 214 and adding the SSN as it is 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) AR20120006032
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ABCMR Record of Proceedings (cont) AR20120006032
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