IN THE CASE OF:
BOARD DATE: 3 September 2013
DOCKET NUMBER: AR20130002198
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, in effect, correction of the social security number (SSN) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his SSN is incorrect and should reflect xxx-xx-66xx instead of xxx-xx-55xx. He believes it appears to be a typographical error.
3. The applicant provides copies of the following:
* DD Form 214
* Social Security Card
* Honorable Discharge Certificate, dated 18 September 1972
* Letter Orders Number 08-1321266, dated 23 August 1972
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 in the Army of the United States on 19 September 1966. He served on active duty for 2 years until 18 September 1968, and was honorably released from active duty and transferred to the U.S. Army Reserve. The DD Form 214 he was issued at the time lists the SSN he now claims is incorrect.
3. The applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, includes documents which show various SSN's. However, it also contains a DA Form 3027 (US Army Request for National Agency Check), a DA Form 41 (Record of Emergency Data), and a DD Form 398 (Statement of Personal History) which list the SSN he claims is correct (xxx-xx-66xx).
4. The applicant provides a copy his Social Security Card, Honorable Discharge Certificate, and a Letter Orders Number 08-1321266 which show his SSN as "xxx-xx-66xx."
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time of the applicant's separation stated the
DA Form 20 and documents on file in the Military Personnel Records Jacket were the primary sources for information for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant entered active duty and served under an SSN of xxx-xx-66xx as listed on his DA Form 3027, DA Form 41, and DD Form 398. As a result, it appears the SSN entry on the applicant's DD Form 214 was the result of a typographical error.
2. In view of the foregoing, it would be appropriate at this time to correct his
DD Form 214 as recommended below.
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 amending item 3 of his DD Form 214 by replacing the SSN listed with the SSN 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) AR20130002198
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