BOARD DATE: 11 October 2012
DOCKET NUMBER: AR20120006051
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 Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 5 April 1962 and 5 April 1966 to show his correct Social Security Account Number (SSAN).
2. The applicant states he recently noticed the errors on his DD Forms 214.
3. The applicant provides copies of:
* Social Security Card
* DD Form 214, dated 5 April 1966
* DD Form 214, dated 5 April 1962
* DD Form 214, dated 25 June 1952
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 inducted into the Army on 20 September 1950. At the time of his induction he was assigned an Armed Forces Service Number. His service number is shown on every document contained in his Army Military Human Resources Record until he received a DD Form 214, dated 5 April 1962, which shows his SSAN as XXX-XX-46XX.
3. He reenlisted in the Army on 6 April 1962. On 3 September 1965, he completed a DA Form 41 (Record of Emergency Data) which shows his SSAN as XXX-XX-16XX.
4. The applicant was honorably discharged on 5 April 1966, at the expiration of his term of service. His DD Form 214 for this period shows his SSAN as XXX-XX-19XX.
5. The applicant provides a copy of his Social Security Card which shows XXX-XX-16XX as his SSAN. This is the same SSAN shown on the DA Form 41 he completed on 3 September 1965.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the
DD Form 214 is a synopsis of the Soldiers most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted. His supporting evidence has been considered.
2. It appears that errors were made during the preparation of the applicants
DD Forms 214, dated 5 April 1962 and 5 April 1966, which resulted in the incorrect SSAN being reflected.
3. The available evidence shows that the correct SSAN is shown on the copy of the Social Security Card he submitted and his DA Form 41. His DD Forms 214 should be amended to show his correct SSAN.
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 Forms 214 dated 5 April 1962 and 5 April 1966 to show his SSAN as shown on the copy of 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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