BOARD DATE: 2 May 2013
DOCKET NUMBER: AR20120018351
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) with the sixth and seventh digits as "90" vice "09."
2. The applicant states his DD Form 214 shows his SSN with the last two (i.e. sixth and seventh) digits reversed.
3. The applicant provides no additional evidence.
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. In conjunction with the applicant's enlistment in the Regular Army (RA) he completed a DD Form 398 (Statement of Personal History) on 20 April 1970 wherein he listed his SSN with the sixth and seventh digits as "90." He authenticated this form by placing his signature in the appropriate block on that date.
3. His records show he enlisted in the RA on 21 April 1970 and he held military occupational specialty 13A (Field Artillery Basic). His DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 21 April 1970, shows his SSN with the sixth and seventh digits as "90."
4. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN with the sixth and seventh digits as "90."
5. His record contains numerous personnel, finance, and medical documents, including several award and assignment orders that all show his SSN with the sixth and seventh digits as "90."
6. Special Orders Number 313, dated 9 November 1971, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, released him from active duty effective 9 November 1971. These orders show his SSN with the sixth and seventh digits as "90."
7. He was honorably released for active duty on 9 November 1971 and he was transferred to the U.S. Army Reserve. He completed 1 year, 6 months, and 19 days of creditable active service.
8. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the sixth and sevenths digits as "09."
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant's SSN was listed with the sixth and seventh digits as "90" upon his enlistment in the RA. This is the SSN that was used throughout his military service. It appears an administrative error occurred during the preparation of his DD Form 214 when his SSN was listed with the sixth and seventh digits as "09." Therefore, it would be appropriate to correct his DD Form 214 to show his SSN with the sixth and seventh digits as "90."
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 entry in item 3 of his DD Form 214 and replacing it with the SSN as shown on his DD Form 4.
_______ _ 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) AR20120018351
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ABCMR Record of Proceedings (cont) AR20120018351
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