IN THE CASE OF:
BOARD DATE: 6 November 2012
DOCKET NUMBER: AR20120008354
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 his social security number (SSN) as "XXX-XX-7XXX" instead of "XXX-XX-2XXX."
2. The applicant states his SSN should be shown as "XXX-XX-7XXX"; however, because of a typographical error, it is shown as "XXX-XX-2XXX."
3. The applicant provides his DD Form 214 and his 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 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. On 20 September 1966 in preparation for his impending enlistment, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as "XXX-XX-7XXX."
3. On 27 September 1966, the applicant enlisted in the Regular Army. The DD Form 4 (Enlistment Record Armed Forces of the United States) he signed upon enlistment does not identify him by SSN; rather, it identifies him by service number.
4. On 3 October 1966, he authenticated his initial DA Form 20 (Enlisted Qualification Record) by signature. Item 1 (Name and Service Number) of this form contains the hand-written entry "XXX-XX-7XXX."
5. On 10 July 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-2XXX."
6. The documents contained within his DA Form 201 (Military Personnel Records Jacket) identify him by one of three numbers: his service number; SSN "XXX-XX-7XXX" (the requested SSN); or SSN "XXX-XX-2XXX" (the contested SSN). When required by the form, he authenticated those documents by placing his signature where necessary.
7. He provides his social security card that shows his SSN as "XXX-XX-7XXX."
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate, reflective of the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his SSN as "XXX-XX-7XXX" instead of "XXX-XX-2XXX."
2. The applicant primarily used his service number throughout his period of active service; however, the evidence of record does show he was identified by SSN "XXX-XX-7XXX" on numerous occasions throughout his service.
3. He submitted his social security card to establish his correct SSN. It appears his SSN is incorrectly listed on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show his SSN as it is listed 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 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 amending his DD Form 214 by deleting the current SSN 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) AR20100016576
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