BOARD DATE: 1 November 2012 DOCKET NUMBER: AR20120007229 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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his correct Social Security Number (SSN). 2. The applicant states his DD Form 214 does not reflect his correct SSN. 3. The applicant provides a copy of his DD Form 214, birth certificate, a letter from the Social Security Administration, and 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 applicant enlisted in the Regular Army on 21 September 1964 for a period of 3 years. At the time of his enlistment he indicated that his SSN was the same number that is contained on the Social Security card he provides with his application. He completed his basic training at Fort Leonard Wood, Missouri, his advanced individual training at Fort Sill, Oklahoma, and his airborne training at Fort Benning, Georgia before being transferred to Okinawa on 5 May 1965. 3. On 13 May 1965, he was transferred to Vietnam for assignment to Company B, 1st Battalion, 508th Infantry Regiment as a rifleman. He completed his tour in Vietnam on 16 May 1966 and was transferred to Fort Bragg, North Carolina. 4. On 26 September 1967, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS). He had served 3 years of active service and his DD Form 214 reflects an SSN that is not the same SSN he declared at the time of his enlistment. 5. A staff member of the Board was able to determine that the SSN contained on the applicant’s DD Form 214 belongs to a person with the same first and last name but a different middle name. 6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that his DD Form 214 does not correctly reflect his SSN has been noted and found to have merit. 2. His enlistment documents show that his SSN is the same SSN that is contained on his Social Security card and the SSN that is reflected on his DD Form 214 is not the SSN contained in his records. 3. Accordingly, his records should be corrected to reflect his correct SSN. 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 deleting the SSN contained on his DD Form 214 and replacing it with the SSN contained on his 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) AR20120007229 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120007229 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1