IN THE CASE OF:	 

		BOARD DATE:	  19 January 2012

		DOCKET NUMBER:  AR20110014713 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as xxx-x8-xxxx instead of xxx-x2-xxxx.

2.  The applicant states his SSN was entered incorrectly on his DD Form 214 and this error was not noticed until he tried to apply for Department of Veterans Affairs (VA) benefits.

3.  The applicant provides:

* his DD Form 214
* a Social Security Administration (SSA) Printout, dated 12 July 2011
* 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 in April 1964.  During his period of service Soldiers were issued service numbers.  They were not identified or managed using their SSN.

3.  The applicant's available record contains the following documents showing the same SSN as shown on his Social Security card:

* DA Form 20 (Enlisted Qualification Record), prepared on 3 April 1966
* DA Form 41 (Record of Emergency Data), dated 31 May 1966

4.  On 31 March 1967, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation.  He was issued a DD Form 214 showing a SSN different from that shown on his Social Security card.

5.  Army Regulation 635-5 (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 for item 3, enter the Social Security account number.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his correct SSN.

2.  The evidence of record shows the applicant enlisted in the Regular Army and he was issued a service number that was primarily used for identification.

3.  However, his available official record contains a DA Form 20 and DA Form 41 that were prepared during his service that show the same SSN as on his Social Security card and verification printout from the SSA.

4.  In view of the foregoing, there is sufficient evidence to warrant granting the applicant's request as recommended below.


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 entry in Item 3 of his DD Form 214 and replacing it with the social security number as show 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)                                         AR20110014713



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ABCMR Record of Proceedings (cont)                                         AR20110014713



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