IN THE CASE OF:
BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20120022812
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 Social Security Number (SSN) as "XXX-XX-XX55" instead of "XXX-XX-XX88."
2. The applicant states he may need burial benefits and needs his SSN correct on his discharge documents.
3. The applicant provides copies of:
* DD Form 214
* Letter Orders Number 03-1071393, issued by the Office of The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, dated 21 March 1973
* DD Form 256A (Honorable Discharge Certificate), dated 1 April 1973
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 an undated DD Form 398 (Statement of Personal History) that he completed during his enlistment processing. Item 13 (Employment) contains a block for the SSN wherein he entered his SSN as
"XXX-XX-XX55."
3. On 5 June 1967, 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 XXX-XX-XX88.
4. Special Orders Number 160, issued by Headquarters, 9th Infantry Division, dated 8 June 1968, promoted the applicant to the rank/grade of specialist four (SP4)//E-4, effective 1 June 1968. These orders list his SSN as XXX-XX-XX55.
5. The applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF) contains multiple documents that list his SSN as either "XXX-XX-XX88" or "XXX-XX-5855."
6. On 4 June 1970, the applicant was honorably released from active duty at the expiration of his term of service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 3 years of total active military service. The DD Form 214 he was issued at the time lists his SSN as "XXX-XX-XX88."
DISCUSSION AND CONCLUSIONS:
1. The applicant's AMHRR contains documents that list two different SSNs. The evidence of record confirms the SSN the applicant claims is correct is the same SSN he provided during his enlistment processing and as listed on additional documents contained throughout his AMHRR.
2. In view of the foregoing, his DD Form 214 should be corrected to show his SSN as listed on his DD Form 398.
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 his DD Form 214 the current Social Security Number and replacing it with the Social Security Number as listed on his DD Form 398.
____________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) AR20120022812
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ABCMR Record of Proceedings (cont) AR20120022812
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