BOARD DATE: 31 January 2013
DOCKET NUMBER: AR20120013095
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) ending 11 December 1968 to show the social security number (SSN) x25-xx-xxxx instead of x54-xx-xxxx.
2. The applicant states, in effect, his SSN is incorrect on his DD Form 214 ending 11 December 1968.
3. The applicant provides notarized copies of his DD Forms 214 for the periods ending 11 December 1968 and 30 November 1971.
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 (RA) on 23 February 1968. He completed training and was awarded military occupational specialty 64A (Light Vehicle Driver). The highest rank/grade he attained while on active duty was specialist five/E-5.
3. The applicant's DD Form 398 (Statement of Personal History) which was completed upon his enlistment shows he disclosed his SSN as "x25-xx-xxxx."
4. The SSN "x25-xx-xxxx" is consistently used throughout the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File.
5. On 11 December 1968, the applicant was honorably discharged. The DD Form 214 he was issued at the time shows his SSN as "x54-xx-xxxx." He completed 9 months and 20 days of creditable active military service during this period.
6. On 12 December 1968, the applicant reenlisted in the RA. On 30 November 1971, the applicant was honorably released from active duty and transferred to the U.S. Army Control Group (Reinforcement). His DD Form 214 for this period shows his SSN as "x25-xx-xxxx."
7. The SSN "x54-xx-xxxx" is not shown on any other documents in the applicant's AMHRR.
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 is consistently recorded throughout his records as "x25-xx-xxxx." Therefore, it would be appropriate to correct his DD Form 214 ending 11 December 1968 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 ending 11 December 1968 to show his SSN as it is listed 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) AR20120013095
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ABCMR Record of Proceedings (cont) AR20120013095
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