BOARD DATE: 29 November 2012
DOCKET NUMBER: AR20120008347
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 the third digit of his social security number as "4" instead of "9."
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 was inducted into the Army of the United States on 12 April 1963. His DD Form 47 (Record of Induction) identified him by his Service Number; it did not list his SSN.
3. His DA Form 24 (Service Record) and subsequent DA Form 20 (Enlisted Qualification Record) which were created upon his entry on active duty list his SSN with the number "4" as the third digit. He reviewed these forms and placed his signature in the appropriate blocks.
4. His records contain a DA Form 41 (Record of Emergency Data) that lists his SSN with the number "4" in the third digit. He authenticated this form as required by placing his signature in the appropriate block.
5. He was honorably released from active duty on 2 April 1965. Item 3 (SSN) of his DD Form 214 shows his SSN as "XX9-XX-XXXX."
6. He provides a copy of a social security card which lists his name and the SSN "XX4-XX-XXXX."
7. 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:
The applicant consistently used an SSN that contains the number "4" in the third digit throughout his military service. It appears his DD Form 214 inadvertently listed his SSN with the number "9" as the third digit. Therefore, he is entitled to correction of his DD Form 214 to show the number "4" as the third digit of his 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 the SSN listed on his DD Form 214 and adding the SSN with the number "4" as the third digit 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) AR20120008347
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