IN THE CASE OF: BOARD DATE: 30 December 2014 DOCKET NUMBER: AR20140007040 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 (Report of Separation from Active Duty) to show his social security number (SSN) as "xxx-xx-xxx8" vice "xxx-xx-xxx9." 2. The applicant states, in effect, the incorrect SSN affects his benefits. 3. The applicant provides his DD Form 214 and a 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's records show he enlisted in the Regular Army on 28 December 1976. His DD Form 4 (Enlistment or Reenlistment Contract - Armed Forces of the United States) and allied documents listed his SSN as "xxx-xx-xxx8" (the number 8 is listed as the ninth digit). 3. His DA Form 2A (Personnel Qualification Record-Part I) and DA Form 2-1 (Personnel Qualification Record-Part II) which were created upon his entry on active duty listed his SSN as "xxx-xx-xxx9 (the number 9 is listed as the ninth digit). 4. His records contain multiple documents that reflect his SSN with the number "8" as the ninth digit in some documents and the number "9" as the ninth digit of other documents. He authenticated some of these documents, as required, with his signature. These documents include: * Standard Form 88 (Report of Medical Examination), xxx-xx-xxx8 * Active Duty Order Number 105-16, xxx-xx-xxx8 * Enlistment/Travel Order Number 129-11, xxx-xx-xxx9 * SGLI Election Certificate, xxx-xx-xxx9 * DD Form 93 (Record of Emergency Data), xxx-xx-xxx9 * Discharge Orders 102-192, xxx-xx-xxx9 * Complete separation packet, xxx-xx-xxx9 5. He was discharged from active duty on 12 April 1978. Item 3 (SSN) of his DD Form 214 listed his SSN as "xxx-xx-xxx9" (the number 9 as the ninth digit). 6. He provides a social security card that lists a name the same as his with the SSN listed as "xxx-xx-xxx8." 7. Army Regulation 635-5 (Separation Documents) at the time established 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: The evidence of record shows upon his enlistment in the Regular Army, the applicant listed his SSN as "xxx-xx-xxx8." This SSN is consistent with the SSN shown on some documents in his service record and the social security card he provides. It appears an administrative error occurred when his DA Form 2A and DA Form 2-1 were created. The error was compounded during the separation process that resulted in the incorrect listing of his SSN. In view of the foregoing, his DD Form 214 should be corrected 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 from item 3 of his DD Form 214 the current entry and replacing it with the SSN 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) AR20140007040 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140007040 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1