IN THE CASE OF:
BOARD DATE: 24 January 2013
DOCKET NUMBER: AR20120012902
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that the fourth and fifth digits of his Social Security Number (SSN) are 54 instead of 45.
2. The applicant states that his DD Form 214 incorrectly reflects that the fourth and fifth digits of his SSN are 45 instead of 54.
3. The applicant provides a copy of his DD Form 214 and 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 enlisted in the Regular Army on 1 December 1976. At the time of his enlistment his records were prepared to reflect that the fourth and fifth digits of his Social Security Number (SSN) were 54.
3. He completed his training as a power generator and wheel vehicle mechanic and served until he was honorably released from active duty (REFRAD) on 28 December 1979. He had served 3 years and 28 days of active service and his DD Form 214 issued at the time of his REFRAD shows that the fourth and fifth digits of his SSN in block 3 as being 45.
4. A review of his records show that he served all of his service using the SSN containing the numbers 54 as the fourth and fifth digits.
5. The Social Security Card provided by the applicant shows that the applicants SSN contains the fourth and fifth digits of 54.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 incorrectly reflects his SSN as having 45 as the fourth and fifth digits has been noted and found to have merit.
2. His records show that the fourth and fifth digits of his SSN are 54 and that his DD Form 214 was prepared to reflect a SSN showing that the fourth and fifth digits as 45.
3. Accordingly, his records should be corrected to reflect his correct SSN.
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 deleting the SSN contained in block 3 of his DD Form 214 and entering the SSN that is reflected 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) AR20120012902
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ABCMR Record of Proceedings (cont) AR20120012902
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