IN THE CASE OF:
BOARD DATE: 27 November 2012
DOCKET NUMBER: AR20120009641
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 4xx-xx-xxxx.
2. He states there was probably a clerical error during his entry processing. He states the error is hindering his application for benefits from the Department of Veterans Affairs (VA).
3. He provides his DD Form 214 for the period ending 29 March 1969 and his Social Security 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 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 was inducted into the Army of the United States on 1 August 1966. On 4 August 1966, he was honorably discharged for the purpose of enlisting in the Regular Army (RA). Item 32 (Remarks) of the DD Form 214 he was issued at the time shows his SSN as "4xx-xx-xxxx."
3. On 5 August 1966, he enlisted in the RA for a period of 3 years. He completed training and he was awarded military occupational specialty 35M (Aviation Navigation Equipment Repairman).
4. Item 1 (Name and Service Number) of his DA Form 20 (Enlisted Qualification Record) that was prepared on 5 August 1966 and last audited by the applicant on 8 April 1968 shows his SSN as "4xx-xx-xxxx."
5. On 29 March 1969, he was honorably released from active duty as an overseas returnee. Item 3 (SSN) of the DD Form 214 he was issued at the time shows his SSN as "5xx-xx-xxxx."
6. He provides his Social Security card that shows his SSN as 4xx-xx-xxxx.
DISCUSSION AND CONCLUSIONS:
The evidence shows the SSN shown on the applicant's Social Security card was properly entered in his record during his service. It appears an administrative error occurred during the processing of his final DD Form 214 that resulted in an incorrect SSN. Therefore, it would be appropriate at this time to correct his
DD Form 214 for the period ending 29 March 1969 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 for the period ending 29 March 1969 the current entry and replacing it with the Social Security Number 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) AR20120009641
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120009641
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