IN THE CASE OF:
BOARD DATE: 23 May 2013
DOCKET NUMBER: AR20120020355
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 the last two digits of his social security number (SSN) as "32" versus "23."
2. He states it was a typographical error.
3. He provides Form SSA-1099-SM (Social Security Benefit Statement).
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 28 September 1962. He was honorably released from active duty on 28 August 1966 and credited with 3 years and 11 months of active duty service.
3. A review of his record shows the only documents containing an SSN are two DD Forms 398 (Statement of Personal History), dated 16 February 1965 and
1 July 1965. Both of these documents show the last two digits of his SSN as "32." All other documents in his record contain a service number.
4. Item 32 (Remarks) of his DD Form 214 shows the last two digits of his SSN as "23."
5. His Social Security Benefit Statement shows the last two digits of his SSN as "32."
6. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
It appears the applicant's service number was used throughout his period of service. However, his DD Forms 398 and Social Security Benefit Statement confirm the last two digits of his SSN are "32." Therefore, he is entitled to correction of his DD Form 214 to show this SSN.
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 amending his DD Form 214 to show his SSN as it appears on his Social Security Benefit Statement.
_______ _ _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) AR20120020355
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ABCMR Record of Proceedings (cont) AR20120020355
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