IN THE CASE OF: BOARD DATE: 30 July 2009 DOCKET NUMBER: AR20090005276 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, that his social security number be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states, in effect, that his social security number on his DD Form 214 is shown as 2XX-XX-XX62 and his correct social security number is 2XX-XX-XX72. He recently realized that it is incorrect. 3. In support of his request, the applicant provides a copy of his DD Form 214 and a copy of his social security card. 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 evidence shows the applicant enlisted in the Regular Army on 30 June 1970. He underwent his basic combat training at Fort Leonard Wood, Missouri, and his advanced individual training at Fort Ord, California. Upon completion of his training, he was awarded the military occupational specialty 11B (Light Weapons Infantryman). 3. The evidence shows the applicant was honorably discharged at Fort Lewis, Washington, while en route to Vietnam, on 4 March 1971, in the rank and pay grade of Private, E-2. He was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), Chapter 6, due to hardship. 4. Item 1 (Service No.), of the DD Form 4 (Enlistment Contract - Armed Forces of the United States) that was completed at the time of the applicant's enlistment shows the number, 2XX-XX-XX72 as his social security number. 5. The applicant's DA Form 20 (Enlisted Qualification Record) which was prepared at the time of his entry on active duty, and last audited by the applicant on 10 February 1971, shows his social security number as 2XX-XX-XX72. 6. At the time the applicant enlisted, a DD Form 1584 (National Agency Check Request) was completed. The number 2XX-XX-XX72 was inserted in Item 4 (Social Security Number) of the form. 7. At the time the applicant enlisted, he also completed a DD Form 98 (Armed Forces Security Questionnaire). In the space reserved for the Service Number, the number 2XX-XX-XX72 was inserted. 8. At the time of the applicant's enlistment, he also completed a DD Form 398 (Statement of Personal History). The applicant handwrote the number 2XX-XX-XX72 in the space that is reserved for the social security number. 9. A review of documents contained in the applicant's military personnel records show the applicant consistently used the number 2XX-XX-XX72 as his Army identification number. 10. The applicant's discharge orders, Special Orders Number 62, paragraph 549, prepared by Headquarters, US Army Personnel Center, Fort Lewis, Washington, on 3 March 1971, show his social security number as 2XX-XX-XX72. 11. Item 3 (Social Security Number) of the applicant's DD Form 214 shows the number 2XX-XX- XX62. 12. The applicant provided a copy of his social security card. This card shows he was given the number 2XX-XX-XX72. 13. Army Regulation 635-5 (Personnel Separations - 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. In pertinent part, 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. In pertinent part it stated that the separating service member's complete name and social security number would be entered on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions that his DD Form 214 should be corrected to show his correct social security number was carefully considered and determined to have merit. 2. The evidence shows the applicant entered the Army with, and consistently used, the number 2XX-XX-XX72 as his identification number throughout his Army service. This number was used in very important documents related to investigation of his background, his suitability to serve in the United States Army, and his security classification. 3. It appears that a typographical error occurred at the time the applicant's DD Form 214 was being prepared when he was discharged. Based on the evidence, the applicant is entitled to a correction of his DD Form 214 to show his correct social security number: 2XX-XX-XX72. 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 the applicant’s DD Form 214 be corrected by deleting the entry in item 3 and replacing it with the following entry 2XX-XX-XX72 and providing him a document that shows this correction. _______ _ _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) AR20090005276 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090005276 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1