IN THE CASE OF:
BOARD DATE: 18 July 2013
DOCKET NUMBER: AR20120023011
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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "XXX-XX-XXX8" instead of "XXX-XX-XXX6."
2. The applicant states the SSN was entered incorrectly on his DD Form 214.
3. The applicant provides a social security card and a birth notice.
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 enlisted in the Delayed Entry Program (DEP) on 12 March 1985. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) and allied documents list his SSN as "XXX-XX-XXX6." He authenticated this form by placing his signature in the appropriate block.
3. He enlisted in the Regular Army (RA) and entered active duty on 26 April 1985. The DA Form 2-1 (Personnel Qualification Record) created upon his entry on active duty lists his SSN as "XXX-XX-XXX6."
4. Multiple personnel, security, and medical documents in his service records show his SSN as "XXX-XX-XXX6" and include the documents below. He authenticated some of these documents as required by placing his signature in the appropriate blocks.
* DA Form 873 (Certificate of Clearance and/or Security Determination)
* DA Forms 4187 (Personnel Action)
* DA Form 428 (Application for Identification Card)
* Separation packet and VA Form 29-8286 (Servicemen's Group Life Insurance Election)
5. He was discharged from active duty on 24 March 1987. Item 3 (SSN) of his DD Form 214 lists his SSN as "XXX-XX-XXX6." He authenticated this form with his signature.
6. He provides a birth record that contains his name and a social security card that also contains a name similar to his with the SSN listed as "XXX-XX-XXXX8."
7. 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 duty. 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:
1. The evidence of record shows he listed his SSN as "XXX-XX-XXX6" upon his enlistment in the DEP and subsequent enlistment in the RA. He consistently used this SSN throughout his military service. He authenticateARMY | BCMR | CY2011 | 20110023812
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