IN THE CASE OF:
BOARD DATE: 23 April 2013
DOCKET NUMBER: AR20120017715
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, in effect, correction of his discharge orders and DD Form 256A (Honorable Discharge Certificate) to show his social security number (SSN) as "XXX-4X-XXXX" as indicated on his social security card.
2. The applicant states the SSN is incorrect. The fourth digit should be "4," not "5."
3. The applicant provides copies of his:
* social security card
* Letter Orders ALFAG-ZE 08-2089, Headquarters, 5th U.S. Army, Fort Sheridan, IL, dated 20 August 1969
* DD Form 256A, dated 31 August 1969
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. The applicant enlisted in the U.S. Army Reserve on 22 September 1963 for a period of 6 years. His military records show the fourth digit of his SSN as "4" on the following documents:
* DA Form 24 (Service Record)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 41 (Record of Emergency Data)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
3. The letter orders provided by the applicant and as filed in his military records show the fourth digit of his SSN as "5." The DD Form 256A provided by the applicant also shows "5" as the fourth digit.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his discharge orders and DD Form 256A should be corrected to show the SSN indicated on his social security card.
2. The applicant's military records contain documents showing his SSN as that shown on his social security card. However, his discharge orders and his DD Form 256A show his SSN with a different digit in the fourth position.
3. The Army has an interest in maintaining the accuracy 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.
4. In view of the above, the applicant's request should be granted.
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:
a. amending Letter Orders ALFAG-ZE 08-2089, dated 20 August 1969, to show his SSN as shown on his social security card and
b. issuing him a new DD Form 256A reflecting this correction.
_______ _ _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) AR20120017715
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120017715
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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