IN THE CASE OF:
BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20120022864
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 "093-XX-XXXX" vice "092-XX-XXXX."
2. He states the first three digits of the SSN on his DD Form 214 are incorrect.
3. He provides his:
* DD Form 214
* 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's records show he enlisted in the Regular Army on
29 September 1969.
3. His record contains a DD Form 398 (Statement of Personal History), dated
30 September 1969, which shows his service number as "093-XX-XXXX."
4. His record contains Special Orders Number 74, issued by Headquarters, Fort Carson and Headquarters, 4th Infantry Division (Mechanized) Fort Carson CO, dated 14 March 1972, which shows "093-XX-XXXX" as his SSN.
5. His DA Form 20 (Enlisted Qualification Record) shows "093-XX-XXXX" in item 1 (Name and Service Number).
6. He was released from active duty on 3 May 1972. His DD Form 214 shows in item 3 (SSN) "092-XX-XXXX."
7. A thorough review of his official military personnel file shows he used his Army service number or SSN "093-XX-XXXX" the entire time he served in an active duty status.
8. He provides a copy of his social security card which shows his SSN as
"093-XX-XXXX."
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
According to the available evidence the SSN shown on the applicant's DD Form 214 does not reflect the SSN under which he enlisted and served.
The documents in his official record that contain an SSN matching the SSN "093-XX-XXXX," which is shown on his social security card. Therefore, he is entitled to correction of his DD Form 214 to show this SSN.
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 entry in item 3 of his DD Form 214 and adding the SSN as it is 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) AR20120022864
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120022864
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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