IN THE CASE OF: BOARD DATE: 28 October 2008 DOCKET NUMBER: AR20080005627 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 to Item 3 (Social Security Number) of his separation document (DD Form 214), dated 4 July 1970. 2. The applicant states, in effect, that the Social Security Number (SSN) entered in Item 3 of his DD Form 214 is incorrect. He further states that based on Homeland Security, driver’s license requirements, and his applying for benefits, he requests that his DD Form 214 be corrected to reflect his correct SSN. 3. The applicant provides a copy of his DD Form 214, Driver’s License, and Social Security Card in support of his application. 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's record contains an Enlistment Contract (DD Form 4), dated 30 November 1968, and a National Agency Check Request (DD Form 1584), dated 9 December 1968, which were prepared on him during his enlistment processing. These documents list the SSN the applicant now claims is incorrect. 3. The applicant's Official Military Personnel File (OMPF) contains an Application for Identification Card (DA Form 428), dated 4 February 1969, which shows the applicant's SSN as the one he now claims is correct. It also contains Headquarters, 1st Infantry Division Special Orders (SO) Number (#) 191, dated 10 July 1969, and SO # 273, dated 30 September 1969, which list his SSN as the one he now claims is correct. 4. On 4 July 1970, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 7 months, and 5 days of active military service. Item 3 of his DD Form 214 list the SSN he now claims is incorrect. 5. The applicant's record also contains a Notification to State Adjutants General Release from Active Duty of Obligated Reservist (DA Form 2376), dated 4 July 1970, which shows in Item 2 the SSN the applicant now claims is correct. It also contains an Office of The Adjutant General (OTAG) Letter, dated 26 August 1970, which informed the applicant that his SSN would be replacing his Military Service Number (MSN) effective 1 July 1969, and that required him to annotate and provide his correct SSN. The applicant entered the SSN he now claims to be correct on this form. 6. The applicant provides a copy of his Social Security Card which shows the SSN he now claims is correct. 7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the active Army. Chapter 2 contains guidance on the preparation and distribution of the DD Form 214. Paragraph 2-4 contains item by item instructions for completion of the DD Form 214 and it states, in pertinent part, that the SSAN listed in the separation document will be taken from the Soldier’s personnel record. DISCUSSION AND CONCLUSIONS: The applicant's contention that the SSN listed on his DD Form 214, dated 4 July 1970, is incorrect was carefully considered and found to have merit. The evidence of record shows the applicant’s military records initially listed the incorrect SSN. However, it also shows that the applicant attempted to correct his SSN and in fact used his correct SSN while still on active duty, as evidenced by forms and orders on file in his record. The record also contains an OTAG letter that verified the applicant’s correct SSN soon after his REFRAD. It is apparent that the SSN entered on his DD Form 214 was incorrect and that the SSN correction the applicant attempted to make while still on active duty was never accomplished. Therefore, given his attempts to correct his SSN and the fact he used the correct SSN while still on active duty, it would be appropriate to correct the SSN listed in Item 3 of his DD Form 214 to reflect the proper SSN listed on the 1970 OTAG Letter on file and on the applicant’s 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 amending Item 3 of his DD Form 214, dated 4 July 1970, by deleting digits one through 5 of his SSN and replacing them with the digits ""; and by providing him with a correction to his separation document reflecting this change. _______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) AR20080005627 3