IN THE CASE OF:	  

		BOARD DATE:	  6 June 2013

		DOCKET NUMBER:  AR20120020247 


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 correct social security number (SSN). 

2.  The applicant states the SSN recorded on his DD Form 214 should be
"x55-xx-xxxx" instead of "x77-xx-xxxx."  He adds that the incorrect SSN is preventing the processing of his service connected disability claim.

3.  The applicant provides copies of the following documents:

* DD Form 214
* DA Form 1315 (Reenlistment Data Card), dated 11 October 1968
* DD Form 345 (Armed Forces Liberty Pass), dated 29 June 1970
* DA Form 3122 (Request for Issue or Turn-In), dated 9 July  1970
* Reserve Reinforcement Processing Center - Clothing Hand Receipt
* Letter Orders Number 09-449835, dated 30 September 1971

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 8 October 1966 shows he entered "X55-XX-XXXX" 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 12 October 1966.  Item 2 (Service Number) shows the entry "US XX XXX 610."  The U.S. Armed Forces did not use the SSN for identification at the time of the applicant's induction.

4.  A DA Form 3027 (U.S. Army Request for National Agency Check), dated
28 October 1966 shows in item 4 (SSN) the entry "X77-XX-XXXX."  The applicant was not required to sign this form.

5.  Headquarters, III Corps, Fort Hood, TX, Special Orders Number 250, dated
9 October 1968, released the applicant from active duty (REFRAD) on
11 October 1968.  The standard name line of the orders shows his SSN as
"X77-XX-XXXX."

6.  The applicant's DD Form 214 shows he was honorably REFRAD on
11 October 1968 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.  Item 3 (SSN) shows the entry "X77-XX-XXXX."

7.  In support of his application the applicant provides the following documents:

   a.  Reenlistment Data Card, Armed Forces Liberty Pass, Request for Issue or Turn-In, and Reserve Reinforcement Processing Center - Clothing Hand Receipt that all show his SSN as "X55-XX-XXXX;" and

   b.  Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 09-449835, dated 30 September 1971, that discharged the applicant from the USAR Control Group (Annual Training) effective 12 October 1971.  The standard name line of the orders shows his SSN as "X55-XX-XXXX."

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, 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) 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 "X55-XX-XXXX."

2.  The evidence of record shows that the U.S. Army was not using the SSN at the time the applicant was inducted and entered active duty.  However, at the time of his processing, he reported that his SSN was "X55-XX-XXXX."

3.  The evidence of record shows that an incorrect SSN was then 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.

4.  Thus, the evidence of record supports the applicant's contention that an incorrect SSN was associated with his military records and recorded on his
DD Form 214

5.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his SSN as "X55-XX-XXXX."

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 Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number
09-449835, dated 30 September 1971.




      _______ _   _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)                                         AR20120020247



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ABCMR Record of Proceedings (cont)                                         AR20120020247



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