IN THE CASE OF:
BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120010066
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) shown as xxx-x4-xxxx instead of xxx-x8-xxxx.
2. The applicant states his SSN is incorrectly noted.
3. The applicant provides his DD Form 214 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 (AUS) on
1 December 1966. At the time of his induction he was assigned and identified by
an assigned service number which began with the prefix "US" for drafted enlisted personnel.
3. His record contains:
* An undated DD Form 398 (Statement of Personal History) that lists his SSN as xxx-x4-xxxx
* DD Form 47 (Record of Induction), dated 26 November 1965, that does not list an SSN
* DA Form 41 (Record of Emergency Data), dated 10 October 1968, that lists his SSN as xxx-x8-xxxx
* DA Form 20 (Enlisted Qualification Record) prepared on 6 December 1966 and last reviewed by the applicant on 18 November 1968, that lists his SSN as xxx-x8-xxxx
4. On 21 November 1968, he was honorably released from active duty by reason of early separation from overseas and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. Item 3 (SSN) of his DD Form 214 lists his SSN as "xxx-x8-xxxx."
5. He was honorably discharged from the USAR on 30 November 1972. His discharge order lists his SSN as "xxx-x8-xxxx."
6. He provides a copy of his social security card that lists his SSN as
xxx-x4-xxxx.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for preparation of the DD Form 214. At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's SSN with the SSN of record.
DISCUSSION AND CONCLUSIONS:
The available evidence shows at the time of the applicant's induction into the AUS he was assigned and identified by a service number. However, his DD Form 398 that was prepared during his induction processing lists the SSN that corresponds to the SSN listed on his social security card. 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 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 from his DD Form 214 the current SSN entry and replacing it with the SSN as shown on his DD Form 398 and 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) AR20120010066
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120010066
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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