BOARD DATE: 4 January 2013
DOCKET NUMBER: AR20120010953
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 his social security number (SSN) as "XXX-XX-X35X" instead of "XXX-XX-X53X."
2. He states his SSN should be "XXX-XX-X35X." He failed to notice the error when he was mustering out of the Army in San Francisco, CA upon his return from Vietnam.
3. The applicant provides his DD Form 214 and Medicare Health Insurance 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 record contains a DD Form 398 (Statement of Personal History) rendered at the time of his enlistment which shows his SSN as "XXX-XX-X35X."
3. A review of other documents contained in his available military personnel record shows his SSN consistently appears as "XXX-XX-X35X" throughout his service.
4. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-X53X."
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. It states the complete name and SSN of the separating service member will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as "XXX-XX-X35X" was carefully considered and determined to have merit.
2. His SSN consistently appears as "XXX-XX-X35X" in his military personnel record. As such, it appears the SSN entered on his DD Form 214 was the result of a typographical error. Therefore, he is entitled to correction of this DD Form 214 to show his SSN as "XXX-XX-X35X."
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 by corrected by deleting the current SSN from his DD Form 214 and replacing it with the SSN shown on his DD Form 398.
_______ _ 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) AR20120010953
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ABCMR Record of Proceedings (cont) AR20120010953
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