IN THE CASE OF:
BOARD DATE: 4 June 2013
DOCKET NUMBER: AR20120020587
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 digit of his social security number (SSN) as "8" vice "9."
2. The applicant states the SSN listed on his DD Form 214 is incorrect.
3. The applicant provides his DD Form 214, Special Orders Number 242, and his health insurance card.
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 completed a DD Form 398 (Statement of Personal History) on 6 April 1967 in conjunction with his induction into the Army of the United States (AUS) wherein he listed his SSN with the last digit as "8."
3. His records show he was inducted into the AUS on 20 April 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).
4. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN with the last digit as "9."
5. His records contain several orders, personnel, and legal documents that show only his service number and not his SSN. His records also contain several orders that show his SSN with the last digit as "9."
6. His records contain Special Orders Number 242, dated 29 August 1968, reassigning him from Vietnam to Fort Ord, CA. These orders show his SSN with the last digit as "8."
7. He was honorably released from active duty on 18 April 1969 and he was transferred to the U.S. Army Reserve. He completed 1 year, 11 months, and 29 days of creditable active service.
8. Item 3 (SSN) of the applicant's DD Form 214 shows his SSN with the last digit as "9."
9. The applicant provides his health insurance card, dated 1 September 2009, whereon his SSN is shown with the last digit as "8."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant listed his SSN with the last digit as "8" upon his induction into the AUS. It appears that an administrative error occurred during the preparation of his DA Form 20 when his SSN was listed with the last digit as "9" and when several orders were prepared. This error was compounded during the preparation of his DD Form 214 when his SSN was entered with the last digit as "9." It would be appropriate to correct his DD Form 214 to show his SSN as it is shown on his DD Form 398 upon his induction into the AUS.
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 SSN from his DD Form 214 and replacing it with the SSN as it is shown on his DD Form 398.
_______ _ _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) AR20120020587
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ABCMR Record of Proceedings (cont) AR20120020587
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