IN THE CASE OF:
BOARD DATE: 6 November 2012
DOCKET NUMBER: AR20120007339
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) and letter from the Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, dated 31 December 1969, to show his social security number (SSN) as
"X58-XX-XXXX" instead of "X85-XX-XXXX."
2. He states, in effect, the second and third numbers of his SSN were transposed on these documents.
3. He provides:
* his DD Form 214
* a U.S. Army Administration Center letter, dated 31 December 1969
* 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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 2 November 1966 for a period of 3 years. He was awarded military occupational specialty 95B (Military Policeman). The highest rank/grade he held was sergeant (SGT)/E-5.
3. The applicant's record contains the following documents that show his SSN as "X58-XX-XXXX":
* DA Form 3027 (U.S. Army Request for National Agency Check), dated 3 November 1966
* DD Form 398 (Statement of Personal History) completed and signed by the applicant, dated 4 November 1967
* DA Form 20 (Enlisted Qualification Record) prepared on 7 November 1966 and last audited by the applicant on 21 January 1969
4. All other orders issued during the applicant's active duty service show his SSN as "X58-XX-XXXX."
5. On 31 October 1969, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. Item 3 (SSN) of the DD Form 214 he was issued at the time shows his SSN as "X85-XX-XXXX."
6. On 31 December 1969, the Office of The Adjutant General, U.S. Army Administration Center, St. Louis, issued a letter to the applicant assigning him to the Individual Ready Reserve (IRR). This letter shows the applicant's SSN as "X85-XX-XXXX."
7. The applicant provides his Social Security card that shows his SSN as
"X58-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 398, DA Form 20, DA Form 3027, and all other documents in his record containing his SSN with the exception of his DD Form 214 and Office of the Adjutant General letter, dated 31 December 1969, show his SSN as "X58-XX-XXXX," as shown on the social security card he provides.
2. It appears that during the preparation of his DD Form 214 the second and third numbers of his SSN were transposed as a result of an administrative error. It also appears that during the preparation of the Office of the Adjutant General letter the DD Form 214 was used as the source document, thereby reflecting the same incorrect transposed SSN.
3. In view of the foregoing, it would be appropriate at this time to correct both documents to show the applicant's SSN 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 the evidence presented is 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. deleting the current entry from item 3 of his DD Form 214 and replacing it with the SSN as shown on his social security card, and
b. providing him an appropriate document to correct the letter he received from the Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, dated 31 December 1969, to show 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) AR20120007339
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ABCMR Record of Proceedings (cont) AR20120007339
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