IN THE CASE OF: BOARD DATE: 17 April 2012 DOCKET NUMBER: AR20110018911 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 military service records to show his correct social security number (SSN). 2. The applicant states the SSN recorded in his military service records is incorrect. He needs the correction for social security and county retirement. 3. The applicant provides a copy of his birth certificate, social security card, and MEDICARE Health Insurance 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. A DD Form 398 (Statement of Personal History) completed by the applicant on an unspecified date shows he entered "Unk" (unknown) in the SSN block. 3. The applicant's DD Form 4 (Enlistment Record – Armed Forces of the United States) shows he enlisted in the Regular Army on 10 January 1967. The U.S. Armed Forces did not use the SSN at the time of the applicant's enlistment. 4. The applicant's DA Form 20 (Enlisted Qualification Record) shows his service number followed by his SSN as "XXX-XX-." 5. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he entered active duty on 10 January 1967, was honorably released from active duty (REFRAD) on 9 January 1970, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation. a. He completed 3 years of net active service. b. Item 3 (Social Security Number) shows "XXX-XX-." 6. U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri, Letter Orders Number 12-1468394, dated 19 December 1972, honorably discharged the applicant from the USAR effective 1 January 1973. The orders show his SSN as "XXX-XX-." 7. In support of his application he provides a copy of his social security card and MEDICARE Health Insurance Card that show his SSN as "XXX-XX-." 8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It established standardized policy for preparing and distributing the DD Form 214. a. The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. b. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. It states to transcribe the SSN from the DA Form 2139 (Military Pay Voucher). DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his military service records should be corrected to show his SSN as "XXX-XX-." 2. The evidence of record shows the applicant's SSN was not recorded upon his entry into the U.S. Army on 10 January 1967. However, at some point during his military service, an incorrect SSN was recorded on his DA Form 20. As a result, the incorrect SSN was recorded on his DD Form 214 upon his REFRAD on 9 January 1970. 3. Records show the orders that subsequently discharged the applicant from the USAR on 1 January 1973 show his correct SSN. 4. Thus, the evidence of record supports the applicant's contention that Army officials entered an incorrect SSN in his military records. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show 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 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 entry "XXX-XX-" from his DD Form 214 and replacing it with the entry "XXX-XX-" as shown on U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 12-1468394, dated 19 December 1972. ____________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) AR20110018911 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110018911 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1