IN THE CASE OF:	  

		BOARD DATE:	  12 May 2015

		DOCKET NUMBER:  AR20140016463 


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 "365-XX-XXXX" instead of "364-XX-XXX."

2.  The applicant states the SSN listed on his DD Form 214 is wrong and has caused some confusion with the Social Security Administration (SSA).  The error wasn't discovered until he visited a local Department of Veterans Affairs office.  

3.  The applicant provides a copy of a letter from the SSA.

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 15 December 1965.  At the time of his induction, he was assigned and identified with a service number starting with "US" for United States.  His records contain the following:

* DA Form 41 (Record of Emergency Data), dated 15 December 1965, which lists his SSN as "365-XX-XXXX"
* DA Form 20 (Enlisted Qualification Record), dated 20 December 1965, which lists his SSN as "365-XX-XXXX"
* DD Form 398 (Statement of Personnel History), 11 October 1967, which lists his SSN as "365-XX-XXXX"

3.  He was released from active duty on 13 January 1968.  Item 3 of his DD Form 214 lists his SSN as "364-XX-XXXX."

4.  He provided a copy of his letter from the SSA, dated 30 July 2012, which verified and listed his SSN as "365-XX-XXXX."

5.  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:

The applicant's DA Form 41, DD Form 398, and SSA letter list his SSN as "365-XX-XXXX."  Therefore, the evidence of record is sufficient to warrant correction item 3 of his DD Form 214 to list his SSN as "365-XX-XXXX" as shown on his SSA letter.

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 and replacing it with the same SSN as listed on his SSA letter.



      _______ _   _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)                                         AR20140016463





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ABCMR Record of Proceedings (cont)                                         AR20140016463



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