IN THE CASE OF:	  

		BOARD DATE:	  9 July 2013

		DOCKET NUMBER:  AR20120022861 


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 State Report of Transfer or Discharge) to show his social security number (SSN) as "XXX-XX-XX91" instead of "XXX-XX-XX19." 

2.  The applicant states his DD Form 214 shows an incorrect SSN.

3.  The applicant provides his DD Form 214, social security card, and a tax form.

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.  In connection with his induction in the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as "XXX-XX-XX91."

3.  He was inducted into the AUS on 8 April 1964.  His DD Form 47 (Record of Induction) listed his service number; it did not list his SSN.  His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty also listed his service number; it did not list his SSN.

4.  His records contain multiple documents, including a DA Form 41 (Record of Emergency Data) that listed his SSN as "XXX-XX-XX91." 

5.  He was honorably released from active duty on 11 March 1966.  Item 32 (Remarks) of his DD Form 214 shows his SSN as "XXX-XX-XX19."

6.  He submits a social security card and a tax document that list his name and the SSN of "XXX-XX-XX91."  

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, 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 should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant listed his SSN as "XXX-XX-XX91" upon induction and entry on active duty.  The SSN he listed at that time is consistent with the SSN shown on several documents throughout his service.  

2.  It appears when his DD Form 214 was processed the last two digits of his SSN were inadvertently transposed.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  As such, he is entitled to correction of his DD Form 214 to show the SSN as it is shown on his DD Form 398.







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 from his DD Form 214 and replacing it with the SSN as it is listed on his DD Form 398.



      ____________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)                                         AR20120022861





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ABCMR Record of Proceedings (cont)                                         AR20120022861



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