IN THE CASE OF:
BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120006817
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 social security number (SSN) as
"XXX-XX-XXX4" instead of "XXX-XX-XXX5."
2. The applicant states his SSN contains a clerical error.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty) and 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's military record contains a DD Form 398 (Statement of Personal History), dated 1 November 1967, that he completed during his enlistment processing. Item 13 (Employment) contains a block for SSN which he completed by entering his SSN as XXX-XX-XXX4.
3. On 1 November 1967, the applicant was inducted into the Army of the United States. The DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty lists his SSN as "XXX-XX-XXX4."
4. The applicant's Army Military Human Resource Record (AMHRR) primarily lists his SSN as "XXX-XX-XXX4." There are some documents that list it as "XXX-XX-XXX5."
5. On 21 June 1969, the applicant was released from active duty and transferred to the United States Army Reserve after completing 1 year, 7 months, and 21 days of creditable active military service. Item 3 (SSN) of his DD Form 214 lists his SSN as "XXX-XX-XXX5."
6. He provides a copy of his social security card. It lists his SSN as
XXX-XX-XXX4.
DISCUSSION AND CONCLUSIONS:
The applicant's AMHRR contains documents that list two different SSNs. He provides a copy of his social security card which confirms his correct SSN is
"XXX-XX-XXX4. Therefore, item 3 of his DD Form 214 should be corrected by deleting the current entry and adding the 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 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:
a. amending item 3 of his DD Form 214 by deleting the current entry and adding the SSN as it is listed on his social security card; and
b. issuing him a document that shows the above change.
__________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) AR20120006817
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