IN THE CASE OF:
BOARD DATE: 5 December 2013
DOCKET NUMBER: AR20130006830
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 his records to show his Social Security Number (SSN) as xxx-xx-xx27.
2. The applicant states, in effect, the last two digits of the SSN shown on some of the documents in his Army Military Human Resource Record (AMHRR) are incorrect.
3. The applicant provides:
* Honorable Discharge Certificate, dated 2 March 1972
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 1 March 1968
* Form W-2 (Wage and Tax Statement 1966)
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 into the Army of the United States on 3 March 1966. At the time of his induction, he was issued a service number as his primary military identification number.
3. On 29 October 1966, the applicant completed a DA Form 41 (Record of Emergency Data) which shows his SSN as "xxx-xx-xx27."
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows the same SSN shown on his DA Form 41.
5. The applicant was honorably released from active duty on 1 March 1968 and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). His DD Form 214 shows "xxx-xx-xx79" as his SSN. Letter Orders Number 02-1068236 were published on 23 February 1972 discharging him from the USAR effective 2 March 1972. These orders and his Honorable Discharge Certificate show the same SSN shown on his DD Form 214.
6. The applicant submits a copy of his Form W-2. The last digit on this form is not legible.
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 applicant's contentions have been noted and his supporting evidence has been considered.
2. His DA Form 41 shows the same SSN as shown on his DA Form 20. His
DD Form 214 and Letter Orders Number 02-1068236 show the same SSN, which is different than the SSN on his DA Form 41 and his DA Form 20.
3. It appears that during the preparation of his DD Form 214, an administrative error occurred that resulted in the listing of an incorrect SSN, which later caused his Honorable Discharge Certificate and Letter Orders Number 02-1068236 to be prepared showing the incorrect SSN.
4. In view of the foregoing, it would be appropriate at this time to correct the applicant records to show his SSN as shown on his DA Form 41 and his DA Form 20.
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 his DD Form 214 to show his SSN as shown on his DA Form 20;
b. amending his Honorable Discharge Certificate to show his SSN as shown on his DA Form 20; and
c. amending Letter Orders Number 02-1068236 to show his SSN as shown on his DA Form 20.
_______ _ 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) AR20130006830
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ABCMR Record of Proceedings (cont) AR20130006830
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