IN THE CASE OF:
BOARD DATE: 23 May 2013
DOCKET NUMBER: AR20120020912
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 the Social Security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his correct SSN is 499-XX-XXXX. It appears a typographical error was made when filling out the DD Form 214. He has submitted an application for a Department of Veterans Affairs home loan, but the lender will not approve the loan without the correct SSN on the DD Form 214.
3. He provides his DD Form 214 and his Social Security 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. On 24 May 1966, the applicant was inducted into the Army of the United States.
3. The following documents in his record show his SSN as 449-XX-XXXX:
* DD Form 398 (Statement of Personal History), completed and signed by the applicant on 23 May 1966
* Special Orders (SO) Number 353, issued by Headquarters, 2nd Infantry Division, dated 19 December 1967
* SO 60, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 29 February 1968
* DA Form 20 (Enlisted Qualification Record)
4. On 29 February 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR). Item 3 (SSN) of his DD Form 214 shows his SSN as 449-XX-XXXX.
5. USAR Letter Orders (LO) E-05-4085557, issued by the Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, dated 23 May 1969, ordered him to active duty for training. The LO shows his SSN as 449-XX-XXXX.
6. LO 04-1146568, issued by the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 19 April 1972, honorably discharged him from the USAR effective 23 May 1972. The LO shows his SSN as 499-XX-XXXX.
7. He provides his Social Security card, which shows his SSN is 499-XX-XXXX.
DISCUSSION AND CONCLUSIONS:
The evidence shows the SSN shown on the applicant's Social Security card was properly entered in his record during his service. His SSN was recorded as
449-XX-XXXX early in his service, and he served under this SSN throughout his active duty service. However, the LO discharging him from the USAR shows the SSN shown on his Social Security Card, indicating the error in his SSN was identified and corrected prior to his discharge. In light of this evidence, it would be appropriate to correct his DD Form 214 to show the SSN shown 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 of the individual concerned be corrected by replacing the SSN listed on his DD Form 214 with the SSN shown on his Social Security card.
_______ _ _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) AR20120020912
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ABCMR Record of Proceedings (cont) AR20120020912
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