IN THE CASE OF:
BOARD DATE: 10 January 2013
DOCKET NUMBER: AR20120010975
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 State Report of Transfer or Discharge) for the period ending 6 March 1968 to show his social security number (SSN) as "XXX-XX-2709."
2. The applicant states his DD Form 214 shows an incorrect SSN.
3. The applicant provides his DD Form 214.
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. In connection with his appointment in the U.S. Army Reserve (USAR), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as "XXX-XX-2709."
3. He was appointed in the USAR and executed an oath of office on 11 February 1966. He entered active duty on 7 March 1966.
4. His DA Form 66 (Officer Qualification Record) which was created upon his entry on active duty listed his SSN as "XXX-XX-2XXX." He reviewed this form and also authenticated it by placing his signature in the appropriate block.
5. His records contain multiple documents that listed his SSN as
"XXX-XX-2709" including:
* DA Form 1059 (Academic Report)
* DA Form 67-6 (U.S. Army Officer Efficiency Report)
* DA Form 3027 (U.S. Army Request for National Agency Check)
6. He was honorably released from active duty on 6 March 1968. His DD Form 214 shows his SSN as "XXX-XX-7709."
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, 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:
1. The evidence of record shows the applicant listed his SSN as "XXX-XX-2709" upon his appointment and entry on active duty. The SSN he listed at that time is consistent with the SSN shown on several documents throughout his service. He authenticated some of these documents by placing his signature in the appropriate blocks indicating each form was correct.
2. It appears when his DD Form 214 was processed it inadvertently listed an incorrect SSN. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. As such, he is entitled to correction of his DD Form 214 to show the SSN as shown on his DD Form 398.
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 from his DD Form 214 and replacing it with the SSN as 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) AR20120010975
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ABCMR Record of Proceedings (cont) AR20120010975
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