IN THE CASE OF:
BOARD DATE: 20 November 2012
DOCKET NUMBER: AR20120009027
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 215 (Correction to the
DD Form 214 - Certificate of Release or Discharge from Active Duty) to list his correct Social Security Number (SSN).
2. The applicant states, in effect, item 3 (SSN) of his DD Form 215 lists his service number instead of his SSN.
3. The applicant provides:
* Letter, dated 3 May 2012
* DD Form 214
* Social security card
* WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
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 applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. His available records show he was inducted into the Army of the United States on 20 December 1944 and entered active duty that same day. He held military occupational specialty 677 (Military Policeman).
4. He was honorably discharged from active duty on 26 November 1946. Item 2 (Army Serial Number) of his WD AGO Form 53-55 contains his serial number.
5. On 26 July 2002, he was issued a DD Form 215 to correct his date of birth. Item c (SSN (also Service Number if applicable)) listed his service number vice his SSN.
6. He provided a copy of his social security card. This card contains his name and SSN.
7. War Department Technical Manual 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), in effect at the time, only made provisions for listing a Soldier's Army service number. There were no provisions for adding the SSN to the WD AGO Form 53-55.
8. Army Regulation 635-5 (Personnel Separations - Separation Documents), currently in use, provides for adding a Soldier's SSN to item 3 (SSN) of the
DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. At the time of the applicant's service, service numbers were used instead of SSNs. Therefore, he was issued a WD AGO Form 53-55 which listed his service number. The DD Form 214, which provides for listing a Soldier's SSN, was not established until after his discharge from active duty.
2. In 2002, he was issued a DD Form 215. This form calls for the use of either the SSN or the service number, his service number was entered in lieu of a SSN because there would have been no record of an SSN in his military record.
3. The current governing Army regulation provides for adding SSNs to separation documents; therefore, there is no harm in adding his SSN to item 55 (Remarks) of his WD AGO Form 53-55.
4. Item 3 of his DD Form 215 calls for the use of either the SSN or the service number. Since his service number was correctly entered in item 3 of this form there is no administrative error and, therefore, no correction is necessary.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 55 of his WD AGO Form 53-55 his SSN as it shown on his social security card.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to deleting the entry in item 3 of his DD Form 215 and replacing it with his SSN.
_______ _ __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) AR20120009027
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ABCMR Record of Proceedings (cont) AR20120009027
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