IN THE CASE OF:
BOARD DATE: 20 September 2012
DOCKET NUMBER: AR20120008146
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 (Report of Separation from Active Duty) to show the third digit of his Social Security Number (SSN) as "7."
2. The applicant states, in effect, his SSN on his DD Form 214 is wrong and should be corrected.
3. The applicant provides:
* DD Form 214
* Copy of his SSN card
* Copy of his Drivers License
* Copy of Discharge Orders from the Standby Reserve
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 enlisted in the Regular Army on 23 February 1973.
3. The applicant's DD Form 398 (Statement of Personal History) and DA Form 2-1 (Personnel Qualification Record) lists the third digit of his SSN as "7."
4. On 19 February 1976, the applicant was honorably released from active duty.
Item 3 (SSN) of the applicants DD Form 214 lists the third digit of his SSN as "4."
5. The applicant provided his SSN card which shows the third digit of his SSN as "7."
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 establishes 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:
1. The evidence confirms the applicant entered active duty and he served under an SSN using the third digit of his SSN as "7" as listed on the DD Form 398 and DA Form 2-1, 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.
2. In view of the foregoing, it would be appropriate to correct his DD Form 214 to show the proper 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 item 3 of his DD Form 214 by replacing the third digit with a "7" as it is listed on his DD Form 398, DA Form 2-1, and SSN 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) AR20120008146
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ABCMR Record of Proceedings (cont) AR20120008146
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