IN THE CASE OF:	  

		BOARD DATE:	  23 April 2015

		DOCKET NUMBER:  AR20140016447 


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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his SSN as "526-XX-XXXX" instead of "562-XX-XXX."

2.  The applicant states his SSN has always been "526-XX-XXXX."  The Veterans of Foreign Wars will not accept his DD Form 214 with an incorrect SSN for disability processing for his hearing loss.

3.  The applicant provides copies of the following:

* Special Orders (SO) Number 240 (first page)
* SO Number 294 (first page)
* DD Form 214 
* Honorable Discharge Certificate
* 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant was inducted into the Army of the United States on 11 June 1969.  At the time of his induction, he was assigned a service number.  His records contain the following:

* SO Number 116 (Induction Orders), dated 11 June 1969, which lists his SSN as "526-XX-XXXX"
* DA Form 20 (Enlisted Qualification Record), dated 18 February 1970, which lists his SSN as "526-XX-XXXX"
* SO Number 240, dated 28 August 1970, which lists his SSN as 
"562-XX-XXXX'
* DA Form 41 (Record of Emergency Data), dated 14 September 1970, which lists his SSN as "526-XX-XXXX"

3.  He was released from active duty on 29 March 1971.  Item 3 of his DD Form 214 lists his SSN as "562-XX-XXXX."

4.  His records also contain Letter Orders Number 05-1172728, dated 20 May 1975, discharging him from the USAR on 1 June 1975.  The orders list his SSN as "526-XX-XXXX."

5.  He also provided a copy of his USAR Honorable Discharge Certificate, dated 1 June 1975, which lists his SSN as "562-XX-XXX."

6.  He provided a copy of his social security card which lists his SSN as 
"526-XX-XXXX."

7.  Army Regulation 635-5 (Separation Documents, in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation stated item 3 would list the SSN verified in the Soldier's records.

DISCUSISON AND CONCLUSIONS:

1.  The applicant's DA Form 20 and DA Form 41 list his SSN as "526-XX-XXXX." His USAR discharge orders also list that SSN.  Therefore, the evidence of record is sufficient to warrant correction item 3 of his DD Form 214 to list his SSN as shown on his social security card.
2.  The incorrect SSN is also listed on his USAR Honorable Discharge Certificate; therefore, it would be appropriate to issue him a new Honorable Discharge Certificate with the correct SSN.

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 SSN from item 3 of his DD Form 214 and replacing it with the SSN listed on his social security card
* issuing him a new Honorable Discharge Certificate with the correct SSN



      _______ _   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)                                         AR20140016447



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ABCMR Record of Proceedings (cont)                                         AR20140016447



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