IN THE CASE OF:
BOARD DATE: 1 November 2012
DOCKET NUMBER: AR20120008618
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, in effect, 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 "x67-xx-xxxx" instead of "x76-xx-xxxx."
2. The applicant states the second and third digits of his SSN are transposed.
3. The applicant provides copies of his DD Form 214, Ohio driver license, 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 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 was inducted into the Army of the United States on 9 November 1966. His DD Form 398 (Statement of Personal History) and DD Form 47 (Record of Induction) show his SSN as "x67-xx-xxxx."
3. His record contains a DA Form 3027 (U.S. Army Request for National Agency Check), a DA Form 2376 (Notification to State Adjutant General Release from Active Duty Obligation of Reservist), and a DA Form 20 (Enlisted Qualification Record) showing his SSN as "x67-xx-xxxx."
4. On 2 August 1968, he was honorably released from active duty. Item 3 (SSN) of the DD Form 214 he was issued at the time shows his SSN as "x76-xx-xxxx."
5. The applicant provided a copy of his social security card that contains a name similar to his and the SSN of "x67-xx-xxxx."
DISCUSSION AND CONCLUSIONS:
The applicant's record shows he consistently used the SSN of "x67-xx-xxxx" throughout his period of military service. It appears his SSN was incorrectly entered on his DD Form 214 as a result of an administrative error. Therefore, his DD Form 214 should be corrected to reflect his correct 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 from item 3 of his DD Form 214 the current entry and replacing it with the social security number 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) AR20120008618
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ABCMR Record of Proceedings (cont) AR20120008618
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