IN THE CASE OF:
BOARD DATE: 15 September 2015
DOCKET NUMBER: AR20150002146
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 Army Commendation Medal (ARCOM) orders and certificate to show his social security number (SSN) as XXX-XX-8618 versus XXX-XX-8616.
2. The applicant states there is a typographical error on his orders and citation [sic, certificate].
3. The applicant provides copies of his DD Form 214, Permanent Orders 55-15, and his ARCOM Certificate, dated 30 May 1977.
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 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 Regular Army (RA) on 28 May 1974. Item 1 (Service Number/Social Security Administration Number) of his DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his SSN as XXX-XX-8618.
3. He was honorably released from active duty on 26 May 1977. Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-XX-8618.
4. The documents contained within his available record identify his SSN as
XXX-XX-8618. The contested SSN appears only on documents provided by the applicant; those documents do not appear in his available record.
5. He provides:
* his DD Form 214, which shows his SSN as XXX-XX-8618
* Permanent Orders 55-15, issued by Headquarters, 25th Infantry Division on 10 May 1977, which shows his SSN as XXX-XX-8616
* his ARCOM Certificate, dated 30 May 1977, which shows his SSN as XXX-XX-8616
6. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflective of the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his SSN, as shown on Permanent Orders 55-15 and his ARCOM Certificate, should be corrected to show his SSN as XXX-XX-8618.
2. The evidence of record shows he enlisted in the RA on 28 May 1974, and at the time of his enlistment his SSN was represented as XXX-XX-8618. This SSN appears on official documents contained within his MPRJ; in fact, it is the only SSN that appears in his available record.
3. The evidence shows he served under the SSN he claims is correct. It appears his SSN is incorrectly listed on Permanent Orders 55-15 and his ARCOM certificate.
4. In keeping with current Army policy regarding the publishing of personally identifiable information (PII), it would not be necessary or appropriate to publish his SSN on a new ARCOM Certificate. However, it would be appropriate to amend the SSN as shown on Permanent Orders 55-15 and to publish a new ARCOM Certificate that omits his SSN entirely.
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 amending Permanent Orders 55-15 to show his SSN as it is shown on his
DD Form 214 and by publishing a new ARCOM Certificate that omits his SSN entirely.
_______ _ 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) AR20100016576
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150002146
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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