BOARD DATE: 23 May 2013
DOCKET NUMBER: AR20120020046
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 item 3 (Social Security Number (SSN)) on his DD Form 214 (Report of Separation from Active Duty), dated 27 February 1979.
2. The applicant states:
* his SSN on his DD Form 214 reads "XXX-17-XXXX"
* his SSN should read "XXX-11-XXXX"
* as a result of discovering his DD Form 214 was in error and his inability to process an application through the "VRAP," the Social Security Administration reissued his Social Security Card as proof of his correct SSN
3. The applicant provides copies of:
* State of North Carolina Identification Card
* Social Security Card
* DD Form 214, dated 27 February 1979
* County of Durham Veterans Service Office Letter to the U.S. Department of Veterans Affairs, dated 8 October 2012
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 (USAR) on 30 December 1974. His DD Form 4 (Enlistment Contract) shows he was issued a temporary identification number (TIN) at the time of his enlistment in the USAR.
3. On 27 June 1975, the applicant enlisted in the Regular Army (RA) for 4 years. On the original DD Form 4 that was completed at the time of his enlistment in the RA, "XXX-11-XXXX" was written in block 5 (Last Name First Name Middle Name) as his SSN. On the copy of his DD Form 4, his TIN was changed to show "XXX-17-XXXX" as his SSN.
4. Other than the original DD Form 4 pertaining to his enlistment in the RA, his SSN is shown as "XXX-17-XXXX" on every document contained in his Army Military Human Resource Record (AMHRR).
5. The applicant was honorably discharged on 27 February 1979. The DD Form 214 he received for this period of service shows "XXX-17-XXXX" as his SSN.
6. On 28 February 1979, the applicant reenlisted in the RA for 3 years. His
DD Form 4 shows "XXX-17-XXXX" as his SSN. He was discharged under other than honorable conditions on 15 October 1980. His DD Form 214 covering this period of service also shows "XXX-17-XXXX" as his SSN.
7. The applicant provides a copy of his Social Security Card which is the same SSN shown on his original DD Form 4 "XXX-11-XXXX."
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The available evidence clearly shows that his initial enlistment contract for entry into the Regular Army in 1975 shows his SSN as "XXX-11-XXXX." This is the same SSN as shown on his Social Security Card. Unfortunately, his SSN was subsequently entered incorrectly on most, if not all other documents in his records.
3. In view of the foregoing, if would be appropriate to correct the applicant's
DD Forms 214 ending on 27 February 1979 and on 15 October 1980 by showing the same SSN as indicated 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, and in particular, the DD Forms 214 of the individual concerned ending on 27 February 1979 and on 15 October 1980, be corrected to show his SSN as shown on the Social Security Card he provided.
_______ _ 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) AR20120020046
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ABCMR Record of Proceedings (cont) AR20120020046
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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