BOARD DATE: 2 May 2013
DOCKET NUMBER: AR20120019225
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) to show his social security number (SSN) as "XXX-XX-XX99" instead of "XXX-XX-X35."
2. The applicant states his SSN has part of his Service Number incorporated into it.
3. The applicant provides a copy of his social security card, DD Form 214, and a Social Security Administration Data screen shot.
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 was inducted into the Army of the United States on 2 February 1967. The primary identification number used at the time was the service number which is the number listed on his DD Form 47 (Record of Induction) as "XXXXXX35."
3. Item 13 (Employment - SSN) of his DD Form 398 (Statement of Personal History), completed at the time of his induction processing, lists his SSN as
"XXX-XX-XX99."
4. His record contains a DA Form 20 (Enlisted Qualification Record) that was prepared on 8 February 1967 and last audited by the applicant on 17 May 1968. This document shows his typed SSN as "XXX-XX-XX99."
5. On 30 September 1968, the applicant was honorably released from active duty as an overseas returnee. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. He completed 1 year, 7 months, and 29 days of total active service. Item 3 (SSN) of the DD Form 214 he was issued at the time lists his SSN as "XXX-XX-X35."
6. The applicant provides a copy of his social security card and a screen shot from the Social Security Administration which shows his SSN as "XXX-XX-XX99."
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as shown on his social security card was carefully considered and determined to have merit.
2. The applicant's SSN appears as "XXX-XX-XX99" on his DD Form 398 that was completed upon his induction and on his DA Form 20 that was last audited by the applicant prior to his release from active duty. It appears an administrative error occurred during the preparation of his DD Form 214 resulting in his SSN being incorrectly listed. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his SSN as shown on his Social Security card.
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 from item 3 of his DD Form 214 the current entry 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) AR20120019225
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ABCMR Record of Proceedings (cont) AR20120019225
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