IN THE CASE OF:
BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20120007525
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 the social security number (SSN) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, the SSN listed in item 3 (SSN) of his
DD Form 214 is incorrect.
3. The applicant provides a copy of 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. The applicant was inducted into the Army of the United States on
28 November 1966. He completed basic combat and advanced individual training, and he was awarded military occupational specialty (MOS) 55A (Ammunition Storage Specialist). The highest rank/grade he attained while serving on active duty was private first class/E3.
3. The applicant's record shows the primary number used at the time of his induction was the Service Number (SN) which is listed on his DD Form 47 (Record of Induction). The record includes documents which show various SSN's. However, it also contains Special Orders Number 103, dated 12 April 1968, and Unit Order Number 58, dated 27 August 1968, which list the SSN which the applicant states is correct.
4. On 27 November 1968, the applicant was honorably released from active duty. Item 3 of the applicant's DD Form 214 lists his SSN as "XXX-33-X449" instead of "XXX-66-X334.
5. The applicant provides a copy of his social security card which shows his SSN as "XXX-66-X334."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. It states that the complete name and SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The evidence confirms the applicant served under an SSN as listed on Special Orders Number 103 and Unit Order Number 58, as corroborated and confirmed by the SSN card provided by the applicant. As a result, it appears the SSN entry on the applicant's DD Form 214 was the result of an administrative error.
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 deleting the SSN from item 3 of his DD Form 214 and adding the SSN as it is listed 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) AR20120007525
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ABCMR Record of Proceedings (cont) AR20120007525
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