IN THE CASE OF:
BOARD DATE: 22 January 2013
DOCKET NUMBER: AR20120010276
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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "5" as the third digit instead of "3."
2. The applicant states his SSN is incorrect on his DD Form 214.
3. The applicant provides his DD Form 214 and a 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. He enlisted in the U.S. Army Reserve on 15 December 1992. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) and all allied documents listed his SSN with the number "5" in the third digit.
3. His DA Form 2-1 (Personnel Qualification Record) which was created upon his entry on active duty also listed the number "5" in the third digit.
4. He entered active duty for training (ADT) on 29 June 1994. He completed the required training and he was released from ADT on 31 August 1994. Item 3 of his DD Form 214 shows his SSN as "XX3-XX-XXXX" (the number "3" is shown as the third digit).
5. Although some of the documents in his service records were created after his release from ADT, all documents show a "3" as the third digit. He authenticated several documents by placing his signature in the appropriate block.
6. He provides a social security card that contains a name similar to his with the SSN "XX5-XX-XXXX."
7. He was ultimately discharged from the U.S. Army Reserve on 18 December 2000 and he was issued an Honorable Discharge Certificate that contains the requested SSN.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows when the applicant enlisted in the U.S. Army Reserve in December 1992 he listed an SSN that contains the number "5" in the third digit. This SSN is consistent with all documents in his service record prior to and after his ADT. It appears his DD Form 214 inadvertently listed a "3" instead of "5" as the third digit. Therefore, he is entitled to correction of his DD Form 214 to show his SSN as it is listed 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 amending item 3 of 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) AR20120010276
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ABCMR Record of Proceedings (cont) AR20120010276
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