IN THE CASE OF:	  

		BOARD DATE:	  24 April 2012

		DOCKET NUMBER:  AR20110020659 


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-38-xxxx" instead of "xxx-13-xxxx."

2.  The applicant states the SSN listed on his DD Form 214 is incorrect.

3.  The applicant provides his DD Form 214 and his social security card with associated documents.

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.  During the processing of the applicant's enlistment he completed a DD Form 398 (Statement of Personal History), dated 7 September 1966, wherein he entered his SSN as "xxx-38-xxxx."

3.  On 19 September 1966, the applicant enlisted in the Regular Army for a period of 3 years.  He completed training and he was awarded military occupational specialty 63C (track vehicle mechanic).

4.  His DA Form 20 (Enlisted Qualification Record) prepared on 23 September 1966 shows in item 1 his SSN as "xxx-38-xxxx."  

5.  The applicant's record also contains a DA Form 3027 ((U.S. Army Request for National Agency Check), dated 6 October 1966, that shows his SSN as
"xxx-38-xxxx."

6.  He was honorably released from active duty on 26 April 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 lists his SSN as "xxx-13-xxxx."

7.  He provides a social security card and Social Security Administration (SSA) printout, both dated 26 July 2011, that show his SSN as "xxx-38-xxxx."

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form be complete and accurate.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant enlisted under the SSN of
"xxx-38-xxxx" that he consistently used throughout his service.  Other than the applicant's DD Form 214, all other documents bearing his SSN contain the same number as on his social security card and SSA printout.  It appears that during the preparation of his DD Form 214 an administrative error occurred resulting in his SSN being recorded as "xxx-13-xxx" instead of "xxx-38-xxxx."  Therefore, it would be appropriate at this time to correct his DD Form 214 accordingly.


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 current SSN entry on his DD Form 214 and replacing it with the social security number shown 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)                                         AR20110020659



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ABCMR Record of Proceedings (cont)                                         AR20110020659



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