IN THE CASE OF:
BOARD DATE: 20 November 2012
DOCKET NUMBER: AR20120009126
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 457-XX-XXXX vice 475-XX-XXXX.
2. He states the SSN shown on his DD Form 214 is incorrect.
3. He provides a copy of his SSN 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's record shows he enlisted in the Regular Army (RA) on 29 August 1966 and was assigned an Army service number and a selective service number.
3. His record contains an undated DD Form 398 (Statement of Personal History), which shows his SSN as 457-XX-XXXX.
4. His record contains a DA Form 3027 (U.S. Army Request for National Agency Check), dated 30 August 1996, which shows his SSN as 457-XX-XXXX.
5. His DA Form 20 (Enlisted Qualification Record), initiated on 1 September 1966 and audited on 3 April 1967, shows his SSN as 475-XX-XXX.
6. General Orders Number 6870, issued by Headquarters, 101st Airborne Division, dated 7 October 1968, shows his SSN as 475-XX-XXX.
7. He was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 1 April 1969. His DD Form 214 shows his SSN as 475-XX-XXXX.
8. Letter Orders Number 7-1257790, issued by the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 26 July 1972, show his SSN upon discharge from the USAR as 457-XX-XXXX.
9. A thorough review of his official military personnel file shows his SSN appears as both 457-XX-XXXX and 475-XX-XXXX.
10. He provides a copy of an SSN card which shows his SSN as 457-XX-XXXX.
11. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
A thorough review of his official military personnel file shows his SSN appears as both 457-XX-XXXX and 475-XX-XXXX. His correct SSN is confirmed by his SSN card as 457-XX-XXXX. Therefore, he is entitled to correction of his DD Form 214 to show this 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 the current SSN entry from his DD Form 214 and replacing it with his SSN as shown on his SSN 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) AR20120009126
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ABCMR Record of Proceedings (cont) AR20120009126
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