IN THE CASE OF:
BOARD DATE: 25 October 2012
DOCKET NUMBER: AR20120008609
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 "XX9-XX-XXXX" instead of "XX4-XX-XXXX."
2. The applicant states his SSN should be shown as "XX9-XX-XXXX"; however, it is incorrectly shown as "XX4-XX-XXXX."
3. The applicant provides his DD Form 214 and an SSN printout from the Social Security Administration (SSA).
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 22 November 1960, the applicant was inducted into the Army of the United States. His DD Form 47 (Record of Induction) identifies him by service number; his SSN does not appear on this form. Other associated documents normally completed during the induction or enlistment process are either not available for review, or they identify him by his service number no SSN is present.
3. On 17 July 1962, he completed a DA Form 41 (Record of Emergency Data), wherein he listed his SSN in item 8 (SSN) as XX9-XX-XXXX.
4. On 2 November 1962, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR). His SSN is listed in item 32 (Remarks) of his DD Form 214 as "XXX-XX-2XXX."
5. On 19 July 1963, while a member of the USAR, he completed another DA Form 41, wherein he listed his SSN in item 8 as XX9-XX-XXXX.
6. The documents contained within his DA Form 201 (Military Personnel Records Jacket (MPRJ)) identify him by one of three numbers: his service number; SSN "XX9-XX-XXXX," (the requested SSN); or SSN "XX4-XX-XXXX," (the contested SSN). When required by the form, he authenticated those documents by placing his signature where necessary.
7. He provides an SSN printout from the SSA that shows his SSN as "XX9-XX-XXXX."
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 XX9-XX-XXXX instead of XX4-XX-XXXX.
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 XX9-XX-XXXX on at least one occasion during his period of active military service, and again during his period of USAR service.
3. He submitted an SSN printout from the SSA 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 the SSA printout.
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 the SSA printout.
_______ _ 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120008609
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