IN THE CASE OF:
BOARD DATE: 6 November 2012
DOCKET NUMBER: AR20120008803
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 correct Social Security Number (SSN) as "x5x-xx-xxxx."
2. The applicant states the SSN on his DD Form 214 is incorrect. It was a typographical error that was not caught until now.
3. The applicant provides his Social Security card in support of his application.
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 enlisted in the Regular Army on 9 November 1965 for a period of 3 years. At the time of his enlistment an assigned service number was the primary identification number used by the Army.
3. Item 1 (Name and Service Number) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his SSN as "x5x-xx-xxxx," the number he claims is correct.
4. The applicant's record contains a DD Form 398 (Statement of Personal History) and DA Form 3027 (U.S. Army Request for National Agency Check) completed in November 1965 during enlistment processing. These documents list his SSN as "x5x-xx-xxxx," the number he claims is correct. The majority of documents and orders in the applicant's record that contain an SSN list the SSN he claims is correct.
5. On 13 May 1970, the applicant was released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 3 years, 1 month, and 29 days of total active service. The DD Form 214 he was issued at the time shows in item 3 (SSN) the entry "x4x-xx-xxxx."
6. The applicant provides a Social Security card, issued on 18 February 2010, that shows the SSN he claims is correct.
7. Army policy, in effect at the time, identified the DA Form 20 and documents in the record as the source documents for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct the SSN shown on his DD Form 214 has been carefully considered and is found to have merit.
2. The evidence of record confirms the applicant provided his correct Social Security Number under which he performed his military service as evidenced by his DA Form 20. It appears that during the preparation of his DD Form 214, an administrative error occurred, resulting in the listing of an incorrect Social Security Number.
3. In view of the foregoing, it would be appropriate at this time to correct his DD Form 214 to show the Social Security Number as shown on his DA Form 20 as confirmed by 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 from item 3 of his DD Form 214 the current entry and replacing it with the Social Security Number as shown on his DA Form 20 and 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) AR20120008803
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ABCMR Record of Proceedings (cont) AR20120008803
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