IN THE CASE OF:	  

		BOARD DATE:	  9 May 2013

		DOCKET NUMBER:  AR20120017923 


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 military service records to show his social security number (SSN) as "XXX-XX-7915" instead of "XXX-XX-9905."

2.  He states the SSN recorded in his military service records is incorrect.

3.  The applicant provides copies of his social security card and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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's DD Form 398 (Statement of Personal History) prepared by him on 14 February 1967 shows he entered "Lost" in the SSN block.

3.  The applicant's DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 14 February 1967.  Item 2 (Service Number) shows the entry "US XX XXX 799."  The U.S. Armed Forces did not use the SSN for identification at the time of the applicant's induction.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) that he signed on 21 February 1967 and reviewed on 11 September 1968 shows, in part, "US XX XXX 799" in item 1 (Name and Service Number) and "UNKNOWN" and "XXX-XX-9905" for his SSN.

5.  Headquarters, 9th Infantry Division, Special Orders Number 24, dated 24 January 1968, awarded the applicant the Combat Infantryman Badge.  The standard name line of the orders shows the applicant's SSN as "XXX-XX-3417."

6.  Headquarters, Fort Sheridan, IL, Special Orders Number 34, dated 13 February 1969, released the applicant from active duty (REFRAD) on 14 February 1969.  The standard name line of the orders shows his SSN as "XXX-XX-9905."

7.  The applicant's DD Form 214 shows he was honorably REFRAD on 14 February 1969 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.  He completed 2 years of total active service.  This form also shows the entry "XXX-XX-9905" in item 3 (SSN).

8.  A Department of Veterans Affairs Form 07-3101 (Request for Information), dated 18 March 1970, shows the entry "US XX XXX 799" in item 9A (All Service Numbers) and the entry "XXX-XX-7915" in item 9B (SSN).  A service department representative verified the information and endorsed the document on 31 March 1970.

9.  The applicant provides a copy of his social security card that shows his SSN as "XXX-XX-7915."

10.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents.  It establishes standardized policy for preparing and distributing the DD Form 214.

	a.  The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important that the information entered thereon is complete and accurate as of that date.

	b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) in effect at the time contained guidance for preparation of the DD Form 214.  It stated that all available records would be used as a basis for preparation of the DD Form 214, including the Enlisted Qualification Record and orders.  The instructions for item 3 stated to transcribe the SSN from the DA Form 2139 (Military Pay Voucher).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his SSN as "XXX-XX-7915."

2.  The evidence of record shows the applicant indicated his SSN was lost and/or unknown upon his entry into the U.S. Armed Forces.  In any event, the U.S. Army was not using the SSN as identification at the time the applicant entered active duty.  However, it appears that an incorrect SSN was used for the applicant at some point during his military service and was recorded in his military service records, including his DD Form 214 when he was REFRAD.

3.  Thus, the evidence of record supports the applicant's contention that an incorrect SSN was associated with his military records.

4.  While the applicant was serving in the USAR, a service department representative verified the applicant's service data, including the fact that his SSN was "XXX-XX-7915."

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his SSN as " XXX-XX-7915."

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 deleting the current entry from item 3 of his DD Form 214 and replacing it with the SSN as shown 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)                                         AR20120017923



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ABCMR Record of Proceedings (cont)                                         AR20120017923



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