IN THE CASE OF:
BOARD DATE: 15 August 2013
DOCKET NUMBER: AR20130000794
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 discharge documents to show his Social Security Number (SSN) as xxx-xx-xxx9 instead of xxx-xx-xxx7.
2. The applicant states the SSN recorded on his discharge documents is probably the result of a typing error.
3. The applicant provides his Social Security and Medicare Health Insurance cards.
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 U.S. Army Reserve (USAR) on 26 October 1966 for a period of 6 years. At the time of the applicant's enlistment the U.S. Armed Forces did not use the SSN for identification; he was issued a service number. However, the applicant's DD Form 4 (Enlistment Record - Armed Forces of the United States) shows in item 37 (Remarks) his SSN was recorded as
xxx-xx-xxx9.
3. On 5 December 1966, he was ordered to active duty for training. On 21 May 1967, he was honorably released from active duty at the completion of training. He was returned to his USAR unit. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows his SSN as xxx-xx-xxx9.
4. His record contains a DA Form 20 (Enlisted Qualification Record) that was prepared on 18 August 1970 and signed by the applicant. This form shows his SSN as xxx-xx-xxx9. He last audited this form on 7 November 1971.
5. Letter Order Number D-10-6856, issued by Headquarters, Third U.S. Army, Fort McPherson, GA, dated 26 October 1972, honorably discharged the applicant from the USAR effective 26 October 1972. These orders show his SSN as
xxx-xx-xxx7.
6. His record does not contain a copy of his Honorable Discharge Certificate from the USAR.
7. In support of his application the applicant provides a copy of his Social Security and Medicare Health Insurance cards that show his SSN as
xxx-xx-xxx9.
8. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents. The purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his discharge documents should be corrected to show his SSN as xxx-xx-xxx9.
2. The evidence of record shows the U.S. Army was not using the SSN for identification purposes at the time the applicant enlisted. However, at the time of his processing, his SSN was recorded as xxx-xx-xxx9.
3. Records show the applicant's correct SSN was used throughout his active duty service and on his DD Form 214 when he was transferred back to the USAR.
4. The evidence of record also shows that an incorrect SSN was entered on the applicant's discharge orders from the USAR. It can also be presumed that his Honorable Discharge Certificate from the USAR more than likely contains the same incorrect SSN.
5. Therefore, it would be appropriate at this time to correct the applicant's discharge orders and to issue him a new Honorable Discharge Certificate to show the SSN as shown on 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 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:
a. amending Letter Order Number D-10-6856, issued by Headquarters, Third U.S. Army, Fort McPherson, dated 26 October 1972, to show his SSN as shown on his Social Security card, and
b. issuing him a new Honorable Discharge Certificate from the USAR for the period ending 26 October 1972 to show his SSN as shown 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) AR20130000794
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ABCMR Record of Proceedings (cont) AR20130000794
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