IN THE CASE OF:
BOARD DATE: 4 December 2012
DOCKET NUMBER: AR20120009045
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 in:
* item 3 (Social Security Number SSN)) his SSN as "X84-XX-XXXX" vice "X48-XX-XXXX"
* item 11d (Effective Date) the date of his separation as "7 August 1968" vice "7 August 1967"
2. The applicant states his SSN was typed incorrectly on his DD Form 214 and the effective date of his release from active duty was entered wrong. His social security card shows his correct SSN and his immunization certificate shows he received shots [while on active duty] in 1968.
3. The applicant provides his DD Form 214, social security card, and DD Form 737 (United States of America - Department of Defense - Immunization Certificate).
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's record shows that in conjunction with his induction into the Army of the United States (AUS), he completed a DD Form 398 (Statement of Personal History) on 4 August 1966 wherein he listed his SSN as
"X84-XX-XXXX."
3. He was inducted into the AUS on 22 August 1966 and he held military occupational specialty 11B (Light Weapons Infantryman).
4. His record contains a DA Form 3027 (U.S. Army Request for National Agency Check), dated 24 August 1966, wherein his SSN is listed as "X84-XX-XXXX."
5. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN as "X84-XX-XXXX."
6. His record contains several orders that show his SSN as "X84-XX-XXXX."
7. He was honorably released from active duty on 7 August 1968 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. He completed 1 year, 11 months, and 16 days of total active service. The DD Form 214 he was issued at the time shows in:
* item 3 (SSN) the entry "X48-XX-XXXX"
* item 11d (Effective Date) the entry "7 August 1967"
8. A DD Form 215 (Correction to DD Form 214), dated 15 March 2005, corrected item 11d of his DD Form 214 to show "7 August 1968." Item 3 (SSN) of his DD Form 215 shows his SSN as "X48-XX-XXXX."
9. The applicant provides a social security card that shows an individual with the same full name as the applicant with the SSN as "X84-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant listed his SSN as
"X84-XX-XXXX" upon his induction into the AUS and this was the SSN that was used throughout his military service. It appears an administrative error occurred during the preparation of his DD Form 214 and his SSN was inadvertently listed as "X48-XX-XXXX." Therefore, it would be appropriate at this time to correct his DD Form 214 to show his correct SSN.
2. With respect to the correction of his DD Form 214 to show his effective date of separation as 7 August 1968, the evidence of record confirms this issue was corrected on 15 March 2005 when a DD Form 215 was prepared. However, when his DD Form 215 was prepared, his SSN was listed as "X48-XX-XXXX." Therefore, it would be appropriate to correct his DD Form 215 to show 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 that the evidence presented was 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:
a. voiding the DD Form 215 issued on 15 March 2005;
b. deleting from item 3 of his DD Form 214 the current entry and replacing it with the entry as shown on his social security card; and
c. deleting from item 11d of his DD Form 214 the current entry and replacing it with the entry "7 August 1968."
____________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) AR20120009045
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