IN THE CASE OF:
BOARD DATE: 6 December 2012
DOCKET NUMBER: AR20120010426
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 military records to show his social security number (SSN) as "XXX-52-XXXX" instead of "XXX-54-XXXX" and issuance of a corrected DD Form 256A (Honorable Discharge Certificate).
2. The applicant states:
a. His SSN was incorrectly listed in his military record upon his entry on active duty.
b. During a period of reenlistment, he was asked to initial a correction made to his SSN in item 32 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); however, his military record was never fully corrected.
3. The applicant provides:
* DD Form 214
* DD Form 256A
* two copies of 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 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's military record contains a DD Form 398 (Statement of Personal History), dated 14 June 1966, that he completed during his induction processing. Item 13 (Employment) contains a block for the SSN which he completed by entering his SSN as "XXX-52-XXXX."
3. On 8 September 1966, the applicant was inducted into the Army of the United States. He was discharged on 13 September 1966 for the purpose of enlisting in the Regular Army. The DD Form 214 issued at that time shows he completed 6 days of creditable military service.
4. Item 32 of the DD Form 214 issued on 13 September 1966 contains his SSN and includes handwritten entries that show the fifth digit of his SSN was lined through and replaced with the number "2" and the applicant's initials.
5. On 14 September 1966, the applicant enlisted in the Regular Army. He was trained in and awarded military occupational specialty 94B (Cook).
6. The applicant's Army Military Human Resource Record (AMHRR) primarily lists his SSN as "XXX-54-XXXX." There are some documents that list his SSN as "XXX-52-XXXX."
7. On 22 April 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) after completing 2 years, 7 months, and 15 days of total creditable active military service. Item 3 (SSN) of his DD Form 214 lists his SSN as "XXX-54-XXXX."
8. On 7 September 1972, the applicant was honorably discharged from the USAR. The DD Form 256A issued at that time lists his SSN as "XXX-54-XXXX."
9. He provides two copies of his social security card which list his SSN as
"XXX-52-XXXX."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his AMHRR should be corrected to show his SSN as "XXX-52-XXXX." There is sufficient evidence to support this claim.
2. The applicant's AMHRR contains documents that list two different SSN's. He provides a copy of his social security card which confirms his correct SSN is "XXX-52-XXXX." Therefore, item 32 of his DD Form 214 issued on 13 September 1966, item 3 of his DD Form 214 issued on 22 April 1969, and his DD Form 256A issued on 7 September 1972 should be corrected by deleting the current SSN entries and replacing them with the SSN 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 the current SSN entries from the following documents as indicated and replacing these entries with the SSN as listed on his social security card:
* item 32 of his DD Form 214 issued on 13 September 1966
* item 3 of his DD Form 214 issued on 22 April 1969
* DD Form 256A issued 7 September 1972
_____________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) AR20120010426
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ABCMR Record of Proceedings (cont) AR20120010426
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