BOARD DATE: 6 December 2012
DOCKET NUMBER: AR20120010770
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 the Social Security Number (SSN) listed on his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states his SSN was incorrectly entered on his DD Form 214.
3. The applicant provides a DD Form 4 (Enlistment Contract-Armed Forces of the United States) in support of his request.
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 enlisted in the Regular Army on 1 March 1974 for period of
3 years. The DD Form 4 documenting his enlistment lists his SSN using the numbers "35" as the sixth and seventh digits, the number he claims is correct.
3. Item 2 (Name and Service Number) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows his SSN as "xxx-xx-35xx," the number he claims is correct.
4. The applicant's record contains documents listing both numbers 35 and 53 as the sixth and seventh digits of the SSN.
5. On 9 September 1975, the applicant was honorably discharged after completing 1 year, 6 months, and 2 days of active military service. The DD Form 214 he was issued at the time shows in item 3 (SSN) the entry "xxx-xx-53xx."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct the SSN shown on his DD Form 214 has been carefully considered and is found to have merit.
2. The evidence of record confirms the applicant provided his correct SSN
(xxx-xx-35xx), under which he performed his military service as evidenced by the SSN entries on his DD Form 4 and DA Form 2-1. It appears that at sometime during his service an administrative error was made and resulted in some documents being published using the incorrect SSN of "xxx-xx-53xx," which was the SSN that was listed in item 3 of his DD Form 214.
3. In view of the foregoing, it would be appropriate at this time to correct his DD Form 214 to show the SSN as shown on his DD Form 4 and DA Form 2-1 which is the one he claims is correct.
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 from item 3 of his DD Form 214 the current entry and replacing it with the SSN as shown on his DD Form 4 and DA Form 2-1, which is "xxx-xx-35xx."
_______ _ 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) AR20120010770
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ABCMR Record of Proceedings (cont) AR20120010770
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