IN THE CASE OF:
BOARD DATE: 2 July 2013
DOCKET NUMBER: AR20120022001
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 SSN is incorrectly listed on his DD Form 214 as "xxx-xx-71xx." His social security card confirms his correct SSN.
3. The applicant provides copies of 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 was inducted into the Army of the United States (AUS) on 12 January 1962. At the time of his induction he was assigned and identified by a service number that began with the prefix "US" for United States.
3. His records contain:
* a DD Form 47 (Record of Induction), dated 12 January 1962, which lists his SSN as "xxx-xx-91xx"
* a DD Form 93 (Record of Emergency Data), dated 12 January 1962, which lists his SSN as "xxx-xx-91xx"
* a DA Form 24 (Service Record), covering the period 12 January 1962 through 11 January 1964, which lists his SSN as "xxx-xx-91xx"
* a DA Form 20 (Enlisted Qualification Record) which lists the same SSN as shown on his DD Form 214
4. On 26 December 1963, he was honorably released from active duty and was transferred to the U.S. Army Reserve Control Group (Annual Training). Item 32 (Remarks) of DD Form 214 lists his SSN as "xxx-xx-71xx."
5. He provides a copy of his social security card that lists his SSN as
"xxx-xx-91xx."
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The regulation established standardized policy for preparation of the DD Form 214. The instructions stated to verify the accuracy of the Soldiers SSN with the SSN of record.
DISCUSSION AND CONCLUSIONS:
The available evidence shows that at the time of the applicant's induction into the AUS he was assigned and identified by a service number. However, his DD Form 47, DD Form 93, and DA Form 24 list the SSN that he claims is correct and is the same SSN as reflected on his social security card. It appears an administrative error occurred during the preparation of his DD Form 214 that resulted in the incorrect SSN. Therefore, it would be appropriate at this time to correct his DD Form 214 to show the SSN as shown on his DA Form 24 and 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 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 entry in Item 32 of the applicants DD Form 214 and replacing it with the SSN as listed on his DA Form 24 and the 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) AR20120022001
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120022001
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