IN THE CASE OF: BOARD DATE: 16 October 2012 DOCKET NUMBER: AR20120007122 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 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 DD Form 214 lists his SSN as "XXX-32-XXXX" and it should be listed as "XXX-34-XXXX." He would like to be issued a DD Form 215 (Correction to DD Form 214). 3. The applicant provides: * DD Form 214 * social security card * letter from the National Personnel Records Center to the Cuyahoga County Veterans Service Commission and their reply 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 military records show he was inducted into the Army of the United States (AUS) on 19 May 1966. At the time of his induction he was assigned and identified by a service number which began with the prefix "US" for United States. 3. His record contains: * DD Form 47 (Record of Induction), dated 19 May 1966, which does not list an SSN * DA Form 41 (Record of Emergency Data), dated 1 February 1968, which lists the same SSN as shown on his social security card 4. On 17 May 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). Item 3 (SSN) of his DD Form 214 lists his SSN as "XXX-32-XXXX." 5. He provides a copy of his social security card which lists his SSN as "XXX-34-XXXX." 6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated to transcribe SSN from the Soldier's service record for item 3. DISCUSSION AND CONCLUSIONS: The available evidence shows at the time of the applicant's induction into the AUS he was assigned and identified by a service number. However, his DA Form 41 lists the SSN he states is correct and requests to be shown on his DD Form 214. The DA Form 41 is accepted as sufficient evidence to correct his DD Form 214 to show his SSN as "XXX-34-XXXX." 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 deleting the current SSN entry from the applicant's DD Form 214 and replacing it with the SSN as listed on his DA Form 41 and 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) AR20120007122 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120007122 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1