IN THE CASE OF:
BOARD DATE: 27 September 2012
DOCKET NUMBER: AR20120006829
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 his social security number (SSN) be corrected on his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 11 April 1968.
2. The applicant states an error was made when his SSN was typed on his
DD Form 214.
3. The applicant provides his:
* DD Form 214
* 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. He was inducted into the Army of the United States on 12 April 1966.
3. His DD Form 47 (Record of Induction) does not contain any entries or information concerning his SSN. At the time of his induction, military members were identified by a military service number.
4. Documents throughout his Military Personnel Records Jacket (MPRJ) identify him using his military service number. Orders awarding him the Army Good Conduct Medal (1st Award) also show his SSN with the last four digits listed as "5751."
5. On 11 April 1968, he was released from active duty and transferred to the U.S. Army Reserve (USAR). Item 3 (Social Security Number) of his
DD Form 214 shows his SSN with the last four digits listed as "5721."
6. His records do not contain a DA Form 2139 (Military Pay Voucher).
7. The social security card he provided shows his SSN with the last four digits listed as "5751."
8. In accordance with a directive from the Office of the Secretary of Defense, the SSN replaced the military service number for identifying military personnel effective 1 July 1969.
9. Army Regulation 635-5 (Separation Documents), in effect at the time, stated the SSN in item 3 of the DD Form 214 would be transcribed from the Soldier's DA Form 2139.
DISCUSSION AND CONCLUSIONS:
1. During the applicant's period of active service Soldiers were identified using their military service number. Therefore, an error in his SSN could easily have gone undetected. His MPRJ does not contain a DA Form 2139.
2. The social security card he submitted combined with the SSN listed on his Army Good Conduct Medal orders are sufficient evidence to correct his
DD Form 214 to show his SSN with the last four digits as 5751 as shown 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 deleting the current entry from item 3 of his DD Form 214 with an effective date of 11 April 1968 and entering his SSN as shown 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) AR20120006829
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