IN THE CASE OF:
BOARD DATE: 13 June 2013
DOCKET NUMBER: AR20120021530
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 (Report of Separation from Active Duty) for the period ending 10 November 1975 to show his social security number (SSN) as "XXX-98-XXXX."
2. The applicant states the middle two digits of his SSN on his DD Form 214 are incorrect. His SSN should read "98" instead of "38."
3. The applicant provides his DD Form 214 and 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. The applicant enlisted in the Regular Army on 30 October 1973 for a period of 3 years. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his SSN typewritten as "XXX-38-XXXX." This entry is lined through and "XXX-98-XXXX" is handwritten above it.
3. He completed his training and was transferred to Germany on 1 April 1974.
4. On 10 November 1975, he was honorably discharged for the purpose of immediate reenlistment. His DD Form 214 for this period of service shows his SSN as "XXX-38-XXXX."
5. On 11 November 1975, he reenlisted for a period of 3 years. He was honorably released from active duty on 9 November 1978 due to the expiration of his term of service. His DD Form 214 for this period of service shows his SSN as "XXX-98-XXXX."
6. A review of his records shows numerous documents showing "98" as the middle two digits.
7. His social security card shows his SSN as XXX-98-XXXX.
8. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 for the period ending 10 November 1975 incorrectly reflects his SSN has been noted and found to have merit.
2. At the time of his enlistment, his records were prepared to reflect the middle two digits of his SSN as "38." However, his records were subsequently corrected to show his SSN as having the middle two digits of "98" and he performed all of his service under this SSN, the same SSN as shown on his social security card.
3. It is reasonable to presume that an administrative error resulted in his SSN being incorrectly entered on his DD Form 214 for the period ending 10 November 1975 and it should be corrected at this time.
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 SSN currently shown on his DD Form 214 for the period ending 10 November 1975 and replacing it 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) AR20120021530
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ABCMR Record of Proceedings (cont) AR20120021530
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