IN THE CASE OF:
BOARD DATE: 27 November 2012
DOCKET NUMBER: AR20120009004
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-xx2x" instead of "xxx-xx-xx3x."
2. The applicant states the SSN on his DD Form 214 is incorrect. He did not notice the error until he requested a Department of Veterans Affairs (VA) Certificate of Eligibility.
3. The applicant provides copies of 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 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 on 17 May 1966. At that time, Soldiers were assigned Army service numbers.
3. His record contains a DA Form 41 (Record of Emergency Data), dated
26 May 1966, which shows his SSN as xxx-xx-xx2x, the number he claims is correct.
4. He was honorably released from active duty on 9 November 1966 by reason of hardship. He completed 5 months and 23 days of total active service. The
DD Form 214 he was issued at the time shows in item 32 (Remarks) his SSN as xxx-xx-xx3x.
5. There are no documents in his available record, other than the DD Form 214, that show his SSN as xxx-xx-xx3x.
6. The applicant provides a Social Security card bearing his same name that reflects an SSN of xxx-xx-xx2x.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that 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.
DISCUSSION AND CONCLUSIONS:
The applicant's record contains a DA Form 41 that was prepared immediately after his induction at shows the same SSN as it appears on his Social Security card. It appears an administrative occurred during the preparation of his DD Form 214 that resulted in an incorrect SSN being listed. Therefore, it would be appropriate at this time to correct his DD Form 214 to show 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 from item 32 the current SSN entry and replacing it with the SSN 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) AR20120009004
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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