IN THE CASE OF:
BOARD DATE: 18 October 2012
DOCKET NUMBER: AR20120007574
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, in effect, 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-x8-xxxx" instead of "xxx-x0-xxxx."
2. The applicant states his SSN is incorrect.
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 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 completed a DD Form 398 (Statement of Personal History) in connection with his enlistment in the Regular Army wherein he listed his SSN with the numbers as "xxx-x8-xxxx." He authenticated this form by placing his signature in the appropriate block.
3. He enlisted in the Regular Army (RA) on 14 March 1966. His DD Form 4 (Enlistment Record - Armed Forces of the United States) lists his assigned service number; it does not list his SSN.
4. His DA Form 20 (Enlisted Qualification Record) that was created upon his entry on active duty lists his SSN as "xxx-x8-xxxx." He reviewed this form and placed his signature in the appropriate block.
5. His records contain various personnel and medical documents, including a separation order, a DA Form 41 (Record of Emergency Data), and other documents that list his SSN as "xxx-x8-xxxx." He authenticated several of these documents as required by placing his signature in the appropriate block.
6. He was honorably released from active duty on 13 March 1969 at the expiration of his term of service. Item 3 (SSN) of his DD Form 214 shows his SSN as "xxx-x0-xxxx."
7. He provides a copy of a social security card that lists his name and the SSN "xxx-x8-xxxx."
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
In connection with the applicant's enlistment in the RA, he listed his SSN as
"xxx-x8-xxxx." He consistently used this SSN throughout his military service. It appears an administrative error occurred during the preparation of his DD Form 214 wherein his SSN was inadvertently listed as "xxx-x0-xxxx." Therefore, it would be appropriate at this time 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 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 from item 3 of his DD Form 214 the current entry and replacing it with the Social Security Number 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) AR20120007574
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