IN THE CASE OF:
BOARD DATE: 13 June 2013
DOCKET NUMBER: AR20120021885
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 his records be corrected to show his correct Social Security Number (SSN).
2. The applicant states his SSN starts "047" not "044."
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a 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 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 enlisted as an alien resident on 8 September 1966, served in Vietnam for 1 year, and was honorably released from active duty on 23 July 1968.
3. During the applicant's period of service the Army Service Number (ASN) was the principle number used for identification purposes. Either the ASN or the applicant's alien registration number was utilized on his induction documents.
4. A number of documents in the record, including his DD Form 214, utilize the SSN starting "044"; however, the record also contains several documents that utilize another SSN including the:
* DA Form 873 (Certificate of Clearance and/or Security Determination) that shows "042"
* DA Form 20 (Enlisted Qualification Record) has a "047" entry crossed out and "044" was added
* a 1 July 1968 computer punch card shows "047"
* his 23 August 1972 discharge orders show "047"
* a 5 September 1973 Index Search Reply Card shows "047"
5. The applicant provides a social security card which shows the number starting "047."
DISCUSSION AND CONCLUSIONS:
1. The applicant's record contains documents utilizing three different SSN's-- "042, 044 and 047," or both, as on the DA Form 20.
2. With the three different numbers being utilized in the records, it is reasonable to accept that an error in the entry of his SSN was made that warrants correction.
3. With the social security card showing the number starting "047," it is appropriate to accept that this is the correct SSN. Therefore, the applicant's records should be corrected by issuing him a DD Form 215 (Correction to the
DD Form 214) showing his SSN as starting with "047."
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 the SSN as listed 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) AR20120021885
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120021885
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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