IN THE CASE OF:
BOARD DATE: 29 November 2012
DOCKET NUMBER: AR20120010080
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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as
"xx7-xx-xxxx" instead of "xx9-xx-xxxx."
2. The applicant states his SSN is incorrectly represented on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and 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 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 enlisted in the Regular Army on 21 October 1976.
3. Item 2 (SSN) of his DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), completed at the time of his enlistment, shows his SSN as "xx9-xx-xxxx."
4. Item 3 (Identification Number) of his Standard Form (SF) 88 (Report of Medical Examination) completed at the time of his enlistment lists his SSN as "xx7-xx-xxxx."
5. Orders 172-6, issued by U.S. Army Regional Personnel Center, Fulda, dated 6 August 1979, which assigned the applicant to the U.S. Army Transfer Point Fort Jackson, SC, lists his SSN as "xx7-xx-xxxx."
6. Several documents in the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, bearing his last name and SSN show the last name and SSN he claims is correct.
7. On 19 October 1979, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. He completed 2 years, 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 "xx9-xxx-xxxx."
8. The applicant provides a copy of his social security card which shows his SSN as "xx7-xx-xxxx."
9. 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 "xx7-xx-xxxx" instead of "xx9-xx-xxxx" was carefully considered and determined to have merit.
2. The applicant's SSN appears as "xx7-xx-xxxx" on his SF 88 that was completed upon his enlistment and on several documents and forms contained in his records. As a result, it would be appropriate to correct item 3 of the DD Form 214 to show 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
deleting the current entry from item 3 of his DD Form 214 and replacing it with the SSN listed 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) AR20120010080
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ABCMR Record of Proceedings (cont) AR20120010080
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