IN THE CASE OF:
BOARD DATE: 21 May 2013
DOCKET NUMBER: AR20120020043
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 (Report of Transfer or Discharge) for the period ending 29 June 1969 to show his Social Security Number (SSN) as "xxx-xx-xx20" instead of "xxx-xx-xx02."
2. The applicant states the error was not noticed until years later.
3. The applicant provides his DD Form 214.
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 Regular Army on 20 June 1950 for a period of
3 years. At the time of his enlistment an Army Serial Number was issued and primarily used as the Soldier's identification number.
3. On 29 June 1953, he was honorably discharged for the purpose of immediate reenlistment. The applicant's DD Form 214 for this period of service in not available for review.
4. On 30 June 1953, he reenlisted for a period of 4 years. On 29 June 1957, he was honorably discharged for the purpose of immediate reenlistment. The applicant's DD Form 214 for this period of service in not available for review.
5. On 30 June 1957, he reenlisted for a period of 6 years. On 29 June 1963, he was honorably discharged for the purpose of immediate reenlistment. The DD Form 214 he was issued at the time shows in item 32 (Remarks) the entry "SSAN: xxx-xx-xx20."
6. On 30 June 1963, he reenlisted for a period of 6 years. On 29 June 1969, he was honorably discharged for the purpose of immediate reenlistment. The
DD Form 214 he was issued at the time shows in item 3 (SSN) the entry
"xxx-xx-xx02."
7. On 30 June 1969, he reenlisted for a period of 4 years.
8. His record contains a DA Form 2339 (Application for Voluntary Retirement), that was signed by the applicant on 1 December 1969. Item 2a (SSAN) contains the entry "xxx-xx-xx20."
9. On 30 November 1970, the applicant retired by after serving more than 20 but less than 30 years of active Federal service. The DD Form 214 he was issued at the time shows in item 3 (SSN) the entry "xxxx-xx-xx20."
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 for the period ending 29 June 1963 shows his SSN as "xxx-xx-xx20." His next DD Form 214 for the period ending 29 June 1969 shows his SSN as "xxx-xx-xx02."
2. On 1 December 1969, the applicant submitted his application for voluntary retirement. He indicated on his application that his SSN was "xxx-xx-xx20." He subsequently retired on 30 November 1970 after completing more than 20 years of active Federal service. His final DD Form 214 shows his SSN as
"xxx-xx-xx20."
3. It appears that during the preparation of his DD Form 214 for the period ending 29 June 1969 an administrative error occurred that resulted in the last two digits of his SSN being reversed.
4. In view of the foregoing, it would be appropriate to correct his DD Form 214 for the period ending 29 June 1969 as recommended below.
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 for the period ending 29 June 1969 the current entry and replacing it with the SSN entry as shown on his DD Forms 214 for the period ending 29 June 1963 and 30 November 1970.
_______ _ _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) AR20120020043
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ABCMR Record of Proceedings (cont) AR20120020043
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