IN THE CASE OF:
BOARD DATE: 29 November 2012
DOCKET NUMBER: AR20120010218
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 Repot of Transfer or Discharge) to show his social security number (SSN) as 46x-xx-1551 instead of 64x-xx-5115.
2. The applicant states the SSN shown on his DD Form 214 is incorrect due to a typographical error.
3. The applicant provides a DD Form 214 and his social security card.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests that the applicant be issued a DD Form 215 (Correction to DD Form 214) showing his correct SSN.
2. Counsel did not provide additional evidence or argument.
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. On 5 March 1967, prior to his induction into the Army, the applicant completed a DD Form 398 (Statement of Personal History) and listed the SSN he now claims is correct.
3. On 12 March 1967, he was inducted into the Army. His military file includes a DA Form 3027 (U.S. Army Request for National Agency Check) and a
DA Form 20 (Enlisted Qualification Record) that show the SSN he claims is correct. His military file also includes several documents that show the SSN he claims is correct.
4. He was released from active duty on 25 October 1968. His DD Form 214 shows the SSN he claims is incorrect.
5. He provides a copy of his social security card that shows his SSN as 46x-xx-1551.
6. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his correct SSN has been carefully reviewed.
2. His military records clearly show he initially listed his SSN as 46x-xx-1551. It appears an administrative error occurred in the preparation of his DD Form 214 in that an incorrect SSN was recorded. Therefore, his DD Form 214 should be corrected 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 amending his DD Form 214 to show his SSN as it is 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) AR20120010218
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ABCMR Record of Proceedings (cont) AR20120010218
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