BOARD DATE: 6 November 2012
DOCKET NUMBER: AR20120008075
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 the third digit of his social security number (SSN) be corrected to read "4" instead of "8" on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of
20 August 1969.
2. The applicant states an error was made when his SSN was typed on his
DD Form 214.
3. The applicant provides his:
* DD Form 214
* 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. He was inducted into the Army of the United States on 6 September 1967.
3. His DD Form 47 (Record of Induction) does not contain any entries or information concerning his SSN. At the time of his induction, military members were identified by a military service number.
4. His induction orders, dated 6 September 1967, identify him with a military service number and also list his SSN with the third digit as "4." However, the orders contain a note that his SSN was not officially verified at the time.
5. His completed DD Form 1584 (National Agency Check Request) shows his SSN with the third digit as "4."
6. On 20 August 1969, he was released from active duty and transferred to the U.S. Army Reserve (USAR). Item 3 (SSN) of his DD Form 214 shows his SSN with the third digit as "8."
7. His Military Personnel Records Jacket (MPRJ) does not contain a DA Form 2139 (Military Pay Voucher).
8. The social security card he provided shows his SSN with the third digit as "4."
9. Army Regulation 635-5 (Separation Documents), in effect at the time, stated the SSN in item 3 of the DD Form 214 would be transcribed from the Soldier's DA Form 2139.
DISCUSSION AND CONCLUSIONS:
1. During the applicant's period of active service Soldiers were identified using their military service number. Therefore, an error in his SSN could easily have gone undetected. His MPRJ does not contain a DA Form 2139.
2. The SSN shown on his induction orders and DD Form 1584 match the SSN shown on the social security card that he submitted. Therefore, there is sufficient evidence to correct his DD Form 214 to show his 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 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 deleting the current entry from item 3 of his DD Form 214 with an effective date of 20 August 1969 and entering 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.
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