BOARD DATE: 20 November 2012
DOCKET NUMBER: AR20120009266
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 26 February 1974 be corrected to reflect his correct Social Security Number (SSN).
2. The applicant states that his first DD Form 214 contains an incorrect SSN in block 3.
3. The applicant provides copies of his DD Forms 214 and a copy of his Social Security Card contained on a letter from the Social Security Administration.
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 enlisted in the California Army National Guard (CAARNG) with parental consent on 27 August 1973. All of the documents associated with his enlistment indicate the SSN that is contained on his DD Form 214 dated 26 February 1974.
3. He was ordered to initial active duty training (IADT) on 12 October 1973 and on 26 February 1974, he was honorably released from IADT at Fort Leonard Wood, Missouri and was returned to his CAARNG unit. His DD Form 214 issued at the time reflects the SSN of record at the time.
4. On 6 June 1977 he was involuntarily ordered to active duty for a period of 17 months and 16 days and he was transferred to Germany.
5. On 11 November 1977 the applicant submitted a DA Form 4187 (Personnel Action) in which he requested that his SSN be corrected in his records because he entered the Army using an SSN provided by his recruiter and has since been issued a new SSN. Accordingly, his military records were corrected to reflect the SSN that is contained on his Social Security card.
6. On 21 November 1978 he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 13-4b. His DD Form 214 issued at the time of his discharge contains the SSN that is reflected on his Social Security card.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 dated 26 February 1974 should be corrected to reflect the SSN that is reflected on his Social Security card has been noted and found to have merit.
2. The available evidence of record shows that the SSN used by the applicant was not in fact his actual SSN and his official records were subsequently changed to reflect the SSN that he was issued by the Social Security Administration.
3. Accordingly, his DD Form 214 dated 26 February 1974 should be changed to reflect 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 correcting his DD Form 214 dated 26 February 1974 to reflect the SSN that is reflected 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) AR20120009266
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120009266
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130021594
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his correct Social Security Number (SSN) and his rank as E-4. The applicant states his DD Form 214 reflects an incorrect SSN his SSN should be xxx-x2-x325 instead of xxx-20-x273and shows his rank as E-1 instead of E-4. The applicant enlisted in the Texas Army National Guard (TXARNG) on 16 April 1977 and at the time of his enlistment his SSN was recorded as being the same as is reflected on...
ARMY | BCMR | CY2013 | 20130021594
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his correct Social Security Number (SSN) and his rank as E-4. The applicant states his DD Form 214 reflects an incorrect SSN his SSN should be xxx-x2-x325 instead of xxx-20-x273and shows his rank as E-1 instead of E-4. The applicant enlisted in the Texas Army National Guard (TXARNG) on 16 April 1977 and at the time of his enlistment his SSN was recorded as being the same as is reflected on...
ARMY | BCMR | CY2012 | 20120000005
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show his correct Social Security Number (SSN). The applicant's request for correction of his record and DD Form 214 to reflect his correct SSN has been carefully considered.
ARMY | BCMR | CY2012 | 20120001834
Application for correction of military records (with supporting documents provided, if any). The applicant's DD Form 214 effective 29 July 1977, shows his SSN as ending in 0211. The evidence of record clearly shows that the applicant enlisted in the U.S. Army, served on active duty, and was subsequently discharged, all while using the SSN indicated on essentially all documents in his military records.
ARMY | BCMR | CY2013 | 20130011018
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. Considering the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the evidence provided by the applicant relating to his SSN is insufficient to warrant a change to his...
ARMY | BCMR | CY2014 | 20140014183
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of all military personnel files and records, to include his DD Form 214 (Report of Separation from Active Duty), to show his social security number (SSN) as 244-XX-XXXX instead of 344-XX-XXXX. This Record of Proceedings and a DD Form 215 (Correction to DD Form 214) will be filed in his OMPF as evidence of his correct SSN.
ARMY | BCMR | CY2011 | 20110020327
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 22 March 1977 to show his social security number (SSN) as "xxx-xx-xxx9" instead of "xxx-xx-xxx4." Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was correct at the time, and there is insufficient evidence to grant him relief in this case. ABCMR Record of...
ARMY | BCMR | CY2014 | 20140014211
The applicant requests correction of his DD Form 214 (Certificate of Release of Discharge from Active Duty) to show his social security number (SSN) with the last three digits listed as "111" vice "666." There is no evidence of record that shows the applicant ever used an SSN with the last three digits of "111" during his period of military service. ABCMR Record of Proceedings (cont) AR20140014211 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of...
ARMY | BCMR | CY2014 | 20140013664
The applicant requests correction of his social security number (SSN) listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty). Based on the available evidence, the SSN he enlisted with was the correct SSN during his military service. There is no evidence that this SSN was ever entered in his military records.
ARMY | BCMR | CY2008 | 20080000830
He indicates that his SSN was changed. 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. Therefore, the Board concludes that the name and SSN contained in the applicant's military records and on all of his records should not be changed.