IN THE CASE OF:
BOARD DATE: 17 January 2013
DOCKET NUMBER: AR20120011608
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-46-XXXX" rather than "XXX-56-XXXX."
2. The applicant states his SSN is incorrect on his DD Form 214.
3. The applicant provides:
* DD Form 214
* social security card
* letter from the Army Board for Correction of Military Records (ABCMR), dated 20 April 2012
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 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 was inducted into the Army of the United States on 6 January 1961. He completed training and was awarded military occupational specialty 323.10 (Telephone Installer and Repairman). The highest rank/grade he attained while serving on active duty was specialist four/E-4.
3. The applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, is void of the DD Form 398 (Statement of Personal History) that would have shown the SSN he disclosed upon his induction into the Army.
4. His DD Form 47 (Record of Induction), dated 6 January 1961, lists his assigned service number; it does not list his SSN.
5. His DA Form 41 (Record of Emergency Data), dated 24 October 1961, shows his SSN as "XXX-46-XXXX."
6. His DD Form 214 shows he was honorably released from active duty on 13 December 1962 and transferred to the U.S. Army Control Group (Annual Training). He completed 1 year, 11 months, and 8 days of creditable active service. His SSN is listed as "XXX-56-XXXX."
7. The applicant provides his social security card listing his SSN as
"XXX-46-XXXX."
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldier's 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:
The evidence of record shows the applicant's SSN as "XXX-46-XXXX" on his DA Form 41. Therefore, it would be appropriate to correct his DD Form 214 to reflect this SSN.
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 amending his DD Form 214 to show his SSN as listed on his DA Form 41.
_______ _ 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) AR20120011608
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ABCMR Record of Proceedings (cont) AR20120011608
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