IN THE CASE OF:
BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120010757
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 a different social security number (SSN) than the one shown.
2. The applicant states his DD Form 214 contains an incorrect SSN.
3. The applicant provides:
* DD Form 214
* Self-authored statement
* 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 on 16 May 1968. His record of induction shows his SSN as XXX-XX-8575. He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 15 May 1970.
3. Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-XX-9816.
4. All the documents containing an SSN in his military personnel records list his SSN as XXX-XX-8575. These documents include the following:
* DD Form 398 (Statement of Personal History)
* DA Form 873 (Certificate of Clearance and/or Security Determination Under EO (Equal Opportunity) 10450), dated 18 November 1968
* DA Form 20 (Enlisted Qualification Record)
* Various orders
5. He provided his social security card which lists his SSN as XXX-XX-8575.
6. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
It appears that an error occurred in the preparation of the applicant's
DD Form 214 since all the documents in his military personnel record list his SSN as XXX-XX-8575. Additionally, his social security card verifies his correct SSN as XXX-XX-8575. 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 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 SSN in item 3 of his DD Form 214 and adding the 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) AR20120010757
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120010757
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