IN THE CASE OF:
BOARD DATE: 27 November 2012
DOCKET NUMBER: AR20120009612
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 "3xx-xx-xxxx" instead of "2xx-xx-xxxx."
2. The applicant states, in effect, a typographical error occurred at the time of his discharge.
3. The applicant provides a copy of his Social Security card and Wisconsin Driver License.
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 24 March 1966. He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).
3. Item 13 (Employment - SSN) of his DD Form 398 (Statement of Personal History), completed at the time of his induction processing, lists his SSN as
"3xx-xx-xxxx."
4. His record contains a DA Form 20 (Enlisted Qualification Record) that was prepared on 31 March 1966 and last audited by the applicant on 31 January 1968. This document shows his typed SSN as "3xx-xx-xxxx."
5. On 22 March 1968, the applicant was honorably released from active duty at the expiration of his term of service. 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 29 days of total active service. Item 3 (SSN) of the DD Form 214 he was issued at the time lists his SSN as "2xx-xxx-xxxx."
6. The applicant provides a copy of his Social Security card that shows his SSN as "3xx-xx-xxxx."
7. 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. This regulation establishes standardized policy for the preparation of the DD Form 214. It states that the complete name and SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as "3xx-xx-xxxx" instead of "2xx-xx-xxxx" was carefully considered and found to have merit.
2. The applicant's SSN appears as "3xx-xx-xxxx" on his DD Form 398 that was completed upon his induction and on his DA Form 20 that was last audited by the applicant prior to his release from active duty. It appears an administrative error occurred during the preparation of his DD Form 214 resulting in his SSN being incorrectly 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 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 deleting from item 3 of his DD Form 214 the current 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) AR20120009612
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ABCMR Record of Proceedings (cont) AR20120009612
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