IN THE CASE OF:
BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120006887
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 (Armed Forces of the United States Report of Transfer or Discharge) to show the seventh digit of his social security number (SSN) as "9" vice "4."
2. The applicant states his SSN was typed incorrectly on his DD Form 214.
3. The applicant provides his DD Form 214 and 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. In conjunction with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History), on 30 September 1966, wherein he listed his SSN with the seventh digit as "9." He authenticated this form by placing his signature in the appropriate block on that date.
3. His records show he was inducted into the AUS on 18 October 1966 and he held military occupational specialty 44E (Machinist).
4. His DA Form 20 (Enlisted Qualification Record), created upon entry on active duty, shows his SSN was handwritten on the form and the seventh digit of his SSN is listed as "9."
5. His records contain a DD Form 3027 (U.S. Army Request for National Agency Check), dated 31 October 1966, which shows his SSN with the seventh digit listed as "9."
6. His record contains several orders, personnel, and legal documents that show only his service number and not his SSN. His record also contains several orders that list his SSN with the seventh digit as "4."
7. On 25 July 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve. He completed 1 year, 9 months, and 8 days of net active service.
8. Item 3 (SSN) on the applicant's DD Form 214 lists his SSN with the seventh digit as "4."
9. The applicant provides a social security card which shows a person with the same full name as his was assigned an SSN with the seventh digit as "9."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant listed his SSN with the seventh digit as "9" upon his induction. It appears an administrative error occurred at some point and his SSN was incorrectly listed in his record. The error was repeated on several orders during his military service and on his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show his 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 deleting the SSN listed on his DD Form 214 and adding the SSN as it is 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) AR20120006887
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120006887
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