IN THE CASE OF:
BOARD DATE: 6 November 2012
DOCKET NUMBER: AR20120008552
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 last digit of his social security number (SSN) as "5."
2. The applicant states that his DD Form 214 incorrectly reflects the last digit of his SSN as "4" instead of "5."
3. The applicant provides copies of 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 in Detroit, Michigan, on 9 November 1967. At the time of his induction he indicated his SSN ended with the number "5." He completed basic training at Fort Knox, Kentucky, and was transferred to Fort Gordon, Georgia, to undergo advanced individual training as an infantryman.
3. On 18 April 1968, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 5, because of not meeting medical fitness standards at the time of induction. He completed 5 months and 10 days of active service. His DD Form 214 shows the last digit of his SSN as "4."
4. The social security card provided by the applicant confirms that the last digit of his SSN is "5."
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 does not correctly reflect his SSN has been noted and found to have merit.
2. His records show his SSN is the same SSN shown on his social security card and the SSN recorded on his DD Form 214 is not the SSN contained in his records.
3. Accordingly, his records should be corrected to reflect 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 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 currently shown on his DD Form 214 and replacing it with the SSN 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) AR20120008552
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ABCMR Record of Proceedings (cont) AR20120008552
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