BOARD DATE: 27 September 2012
DOCKET NUMBER: AR20120007086
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 his social security number (SSN) as XX0-XX-XXXX instead of XX9-XX-XXXX.
2. The applicant states the SSN shown on his DD Form 214 is in error.
3. The applicant provides a DD Form 214 and a letter from the Department of Veterans Affairs.
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 20 December 1966, prior to enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) and listed the SSN he now claims is correct.
3. On 30 December 1966, the applicant enlisted in the Regular Army. His military file includes an Enlisted Evaluation Report and a recommendation for promotion that show the SSN he claims is correct. His military file also includes several documents that show the SSN he claims is incorrect.
4. He was released from active duty on 13 December 1969. His DD Form 214 shows the SSN he claims is incorrect.
5. 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:
1. The applicant's contention that his DD Form 214 should be corrected has been carefully reviewed.
2. The applicant's DD Form 398 and several other documents in the available record list the SSN the applicant requests to be added to his DD Form 214. Based on that evidence it would be appropriate to correct his DD Form 214 to show his 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 to show his SSN as it is listed on his DD Form 398.
_______ _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) AR20120007086
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ABCMR Record of Proceedings (cont) AR20120007086
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