Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120006673
Original file (20120006673.txt) Auto-classification: Approved

		
		BOARD DATE:	  27 September 2012

		DOCKET NUMBER:  AR20120006673 


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 (Report of Separation from Active Duty) to show his correct:

* entry date
* social security number (SSN).

2.  The applicant states, in effect, he entered active duty on 5 May 1972 and the ninth digit of his SSN should be listed as a "3" on his DD Form 214.

3.  The applicant provides a 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 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's DD Form 4 (Enlistment Contract) shows he enlisted in the Regular Army on 5 May 1972.  His DD Form 4 also shows the SSN he claims is correct.

3.  He was released from active duty on 4 February 1974.  His DD Form 214 shows he entered active duty on 5 May 1974 and the ninth digit of his SSN is listed as "2."

4.  Army Regulation 635-5 (Separations 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.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  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:

The applicant's DD Form 4 clearly shows he enlisted in the Regular Army on 
5 May 1972 and he listed the ninth digit of his SSN as "3."  It is evident that errors were made in the preparation of his DD Form 214 in that the incorrect date of entry on active duty and an incorrect SSN were recorded.  Therefore, his 
DD Form 214 should be corrected to show the correct date of entry on active duty and the correct 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
amending his DD Form 214 by:

   a.  deleting the entry in item 18 (Date Entered Active Duty This Period) and adding the entry "5 May 1972"; and 

   b.  deleting the entry in item 3 (SSN) and adding the SSN as it is listed on his DD Form 4.




      _______ _   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)                                         AR20120006673



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120006673



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100025472

    Original file (20100025472.txt) Auto-classification: Denied

    The evidence of record shows the applicant enlisted in the Regular Army on 26 August 1968. All orders and documents in the applicant's military personnel records jacket that list an SSN use the number "3" as the seventh digit and the number "5" as the ninth digit. While it is understandable the applicant would like his SSN to reflect the one he now claims is correct and that is listed on his social security card, the evidence of record confirms he entered, performed his military service,...

  • ARMY | BCMR | CY2011 | 20110019099

    Original file (20110019099.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed "6" as the ninth digit of his SSN. His DD Form 47 (Record of Induction) lists his service number; it does not list his SSN.

  • ARMY | BCMR | CY2014 | 20140007040

    Original file (20140007040.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his social security number (SSN) as "xxx-xx-xxx8" vice "xxx-xx-xxx9." His DA Form 2A (Personnel Qualification Record-Part I) and DA Form 2-1 (Personnel Qualification Record-Part II) which were created upon his entry on active duty listed his SSN as "xxx-xx-xxx9 (the number 9 is listed as the ninth digit).

  • ARMY | BCMR | CY2013 | 20130003365

    Original file (20130003365.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show the ninth digit of his social security number (SSN) as "5" instead of "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. The evidence confirms the applicant entered active duty and he served under an SSN using the ninth digit of his SSN as "5"...

  • ARMY | BCMR | CY2012 | 20120007161

    Original file (20120007161.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). All documents in the applicant’s service records show his SSN from the fourth through ninth digits as XXX-64-2524. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.

  • ARMY | BCMR | CY2011 | 20110004147

    Original file (20110004147.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Item 3 of his DD Form 214 lists the last four digits of his SSN as "4313." He now submits an SSN card that confirms that the last four digits of his SSN are “4531.” As a result, Item 3 of the applicant’s DD Form 214 should be corrected accordingly.

  • ARMY | BCMR | CY2011 | 20110020497

    Original file (20110020497.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "02" as the eighth and ninth digits of his social security number (SSN), instead of "20." The regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active...

  • ARMY | BCMR | CY2012 | 20120002420

    Original file (20120002420.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 2 August 2012 DOCKET NUMBER: AR20120002420 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. However, it also contains a DD Form 398 (Statement of Personal History) dated 16 July 1966 and a DA Form 2349 (Military Pay Voucher) dated 12 July 1967 which list his SSN using the number “5” as the eighth digit and the number “2” as the ninth digit. The evidence of record confirms the applicant entered active duty and he served under an SSN using the number “5” as the...

  • ARMY | BCMR | CY2013 | 20130002207

    Original file (20130002207.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of the social security number (SSN) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the ninth digit of his (SSN) as “4.” 2. The applicant provides a copy of his SSN Card and his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 32 of his DD Form 214 by replacing the ninth digit with a "4" as it is...

  • ARMY | BCMR | CY2012 | 20120007419

    Original file (20120007419.txt) Auto-classification: Approved

    However, it also contains a DD Form 4 (Enlistment or Reenlistment Agreement-Armed Forces of the United States) and DA Form 873 (Certificate of Clearance and/or Security Determination) which lists the ninth digit of his SSN as “4.” 4. The evidence of record confirms the applicant entered active duty and he served under an SSN using the ninth digit as “4” based on documents and orders in his OMPF, as corroborated and confirmed by the SSN card provided by the applicant. As a result, the Board...