IN THE CASE OF:
BOARD DATE: 6 December 2012
DOCKET NUMBER: AR20120009967
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 his social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the fifth digit as an 8 and the eighth digit as a 2.
2. The applicant states he needs his correct SSN on his DD Form 214 in order to apply for benefits from the Department of Veterans Affairs (VA).
3. The applicant provides:
* his social security card
* a letter, dated 29 October 2009, from the Army Review Boards Agency (ARBA)
* his undated letter to the U.S. Army Human Resources Command (HRC)
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. He enlisted in the Regular Army on 14 November 1966 for a period of 3 years.
3. During his period of active service Soldiers were identified using a military service number. His SSN was not shown in his Military Personnel Record Jacket (MPRJ).
4. His MPRJ does not contain a DA Form 2139 (Military Pay Voucher).
5. On 15 August 1969, he was released from active duty. Item 3 (Social Security Number) of his DD Form 214 shows his SSN with the fifth digit as
a 9 and the eighth digit as a 7.
6. After being referred to HRC by ARBA, he requested HRC correct his SSN to show the fifth digit as an 8 and the eighth digit a 2.
7. His MPRJ contains an information paper, dated 14 December 2009, to the applicant that states his military records have been corrected to show the correction to his SSN and provided a DD Form 1343 (Notification of Change in Service Member's Official Records).
8. Item 14 of the DD Form 1343 shows that a change has been recorded in his official service records to show his SSN with the fifth digit as an 8 and the eighth digit as a 2.
9. Army Regulation 635-5 (Separation Documents), in effect at the time, stated the SSN in item 3 of the DD Form 214 would be transcribed from the Soldier's DA Form 2139.
DISCUSSION AND CONCLUSIONS:
1. During his period of active service Soldiers were identified using their military service number. Therefore, an error in his SSN could easily have gone undetected. His MPRJ does not contain a DA Form 2139.
2. Based on the change recorded by HRC, it is appropriate to change his SSN on his DD Form 214 to read as shown in item 14 of his DD Form 1343.
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 changing his SSN in item 3 of his DD Form 214 to read as shown in item 14 of his DD Form 1343.
_______ _ 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.
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