IN THE CASE OF:	  

	BOARD DATE:       26 February 2015

	DOCKET NUMBER:  AR20140012585


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) by showing his correct social security number (SSN).

2.  The applicant states, in effect, that the last four digits of his SSN begin with the numeral 1 and not with a numeral 4 as shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

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.  On 19 November 1970, the applicant was inducted into the Army of the United States.  A review of the applicant’s military records revealed that documents on file that required an SSN entry contained both the number he now claims to be correct and the number he claims as incorrect.  However, the following documents completed during the time of his service show the SSN that he now claims is correct written in what appears to be the applicant’s own handwriting:

* DD Form 47 (Record of Induction), dated 20 November 1970
* DA Form 41 (Record of Emergency Data), dated 19 November 1970

3.  A U.S. Army Recruiting Command Form 180-R (Acknowledgement of Service Obligation) shows the applicant indicated on 19 November 1970 his understanding of his service obligation.  This form contains his signature and the SSN he now claims to be correct.

4.  A review of the applicant's DD Form 214 reveals that the SSN entry shows the last four digits starting with the number 4.

5.  Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by showing his SSN with the last four digits of his SSN beginning with the number 1.

2.  It is noted that the applicant has not provided a copy of his social security card as evidence of which SSN shown in his records is correct.  However, after reviewing the available documents in his records and accepting the applicant as being the most knowledgeable person concerning which SSN is correct, it would be appropriate to correct his DD Form 214 as requested.


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 showing on his DD Form 214 his social security number as indicated on his DA Form 41.




      _______ _   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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20140012585



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