BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120007348
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 "xxx-xx-x9xx" instead of "xxx-xx-x8xx."
2. The applicant states his SSN is incorrect as a result of a typographical error.
3. The applicant does not provide any additional evidence.
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 16 May 1968, the applicant was inducted in the Army of the United States. He completed training and was awarded military occupational specialty 81E (Illustrator). The highest rank/grade he attained while on active duty was specialist five/E-5.
3. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty lists his SSN as "xxx-xx-x9xx."
4. His service record contains various other documents, such as an induction order, promotion orders, a Standard Form 88 (Report of Medical Examination), and a DA Form 41 (Record of Emergency Data) that listed his SSN as
"xxx-xx-x9xx."
5. His separation orders, Special Orders Number 53, issued by Headquarters, United States Army Personnel Center, Fort Jackson, SC, dated 10 March 1970, shows his SSN as "xxx-xx-x8xx."
6. On 16 March 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group. His DD Form 214 lists his SSN as "xxx-xx-x8xx."
7. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
It appears that an error occurred in the preparation of the applicant's
DD Form 214 since his DA Form 20, induction order, promotion orders, and Standard Form 88 show his SSN as "xxx-xx-x9xx." Therefore, he is entitled to correction of 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 appears on his DA Form 20.
___________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) AR20120007348
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