BOARD DATE: 11 June 2013
DOCKET NUMBER: AR20120021776
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 his DD Form 214 should list his SSN as "XX7-XX-XXXX" instead of "XX0-XX-XXXX."
3. The applicant provides:
* DD Form 214
* Social Security card
* Veterans Administration (VA) card
* Georgia Commercial Driver's License
* Delayed Certificate of Birth
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 applicants 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 applicants 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 military record contains a DD Form 398 (Statement of Personal History), dated 14 June 1966, that he completed during his enlistment processing. Item 13 (Employment) contains a block for the SSN that he completed by entering his SSN as "XX7-XX-XXXX."
3. On 21 January 1969, the applicant enlisted in the Regular Army for a period of 3 years. The DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty lists his SSN as "XX7-XX-XXXX."
4. The applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), primarily lists his SSN as "XX7-XX-XXXX." However, there are a few documents that list his SSN as
"XX0-XX-XXXX."
5. On 20 April 1970, the applicant was discharged from active duty. He completed 6 months and 12 days of total active service. Item 3 (SSN) of the
DD Form 214 he was issued at the time lists his SSN as "XX0-XX-XXXX."
6. He provides a copy of his Social Security card that lists his SSN as
"XX7-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
The applicant's AMHRR contains documents that list two different SSNs. He provides a copy of his Social Security card which confirms his correct SSN is "XX7-XX-XXXX." Therefore, item 3 of his DD Form 214 should be corrected by deleting the current entry and adding the SSN as it is listed 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 deleting from item 3 of his DD Form 214 the current entry and replacing it with the SSN as shown on his Social Security card and DA Form 20.
__________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) AR20120021776
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120021776
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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