IN THE CASE OF:
BOARD DATE: 9 October 2012
DOCKET NUMBER: AR20120006709
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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "XXX-71-XXXX" instead of "XXX-17-XXXX."
2. The applicant states:
* his SSN is wrong on his DD Form 214 and he is having problems obtaining benefits
* he never paid attention to his DD Form 214 until recently because he is homeless and experiencing mental and disability issues
3. The applicant provides:
* DD Form 214
* Social Security Card
* veterans application checklist
* birth 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 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. On 15 November 1979, the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry/Enlistment Program (DEP) for a period of 6 years. On 6 December 1979, he was discharged from the USAR DEP and he enlisted in the Regular Army for a period of 3 years on 7 December 1979. He completed training and he was awarded military occupational specialty 12B (Combat Engineer). The highest rank/grade he attained while on active duty was specialist four/E-4.
3. His DD Form 4/1 (Enlistment/ Reenlistment Document Armed Forces of the United States), dated 15 November 1979, and allied documents show SSN "XXX-71-XXXX."
4. His DD Form 214 shows he was honorably released from active duty on 15 December 1982. He completed 3 years and 9 days of active service, and his SSN is listed as "XXX-17-XXXX."
5. On 21 December 1982, the applicant's Personnel Administrative Center noted the SSN on his DD Form 214 was in error and sent a request to the Commander, USAR Components Personnel and Administration Center, St. Louis, MO, for issuance of a DD Form 215 (Correction to DD Form 214) or a new DD Form 214. His Army Military Human Resource Record is void of this correction.
6. The applicant provides his Social Security Card listing his SSN as
"XXX-71-XXXX."
7. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldier's upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. It stated, in pertinent part, that the complete name and social security number of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's SSN as "XXX-71-XXXX" at the time of enlistment and throughout his records. Therefore, it would be appropriate to correct his DD Form 214 to reflect this 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 to show his 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) AR20120006709
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ABCMR Record of Proceedings (cont) AR20120006709
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