IN THE CASE OF:
BOARD DATE: 3 January 2013
DOCKET NUMBER: AR20120011033
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-XX8X" instead of "XXX-XX-XX4X."
2. The applicant states the SSN on his DD Form 214 does not match the SSN on his social security card.
3. The applicant provides a copy 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 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's military records show he was inducted into the Army of the United States on 17 October 1966. He was awarded the military occupational specialty of 13E (Fire Direction Crewman). He was promoted to pay grade E-4.
3. The applicant's record contains the following documents that show his SSN as "XXX-XX-XX8X":
* DD Form 398 (Statement of Personal History) completed and signed by the applicant
* DA Form 20 (Enlisted Qualification Record)
* various orders
4. On 8 October 1968, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. Item 3 (SSN) of the applicant's DD Form 214 lists the eighth digit of his SSN as a "4."
5. The applicant provides his social security card that lists his SSN as
"XXX-XX-XX8X."
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows his SSN as "XXX-XX-XX4X." However, his DD Form 398, DA Form 20, and other documents in his record containing his SSN show his SSN as "XXX-XX-XX8X," as shown on the social security card he provides.
2. It appears that during the preparation of his DD Form 214 the eighth digit was mistyped resulting in an administrative error.
3. In view of the foregoing, it would be appropriate at this time to correct the applicant's 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 amending his DD Form 214 to show his 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) AR20120011033
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ABCMR Record of Proceedings (cont) AR20120011033
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