DOCKET NUMBER: AR20090002338
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as xxx-5x-x460 instead of xxx-3x-x369.
2. The applicant states, in effect, that the SSN is incorrect on his DD Form 214.
3. The applicant provides a copy of his DD Form 214, social security card, and state driver license in support of this application.
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 was inducted into the Army of the United States on 29 June 1965. He was awarded military occupational specialty (MOS) 64A (light vehicle driver). He was promoted to the rank/grade of specialist four (SP4)/E-4, which is the highest grade he held during his tenure of service.
3. He was honorably released from active duty on 12 June 1967 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He had completed 1 year, 11 months, and
15 days of creditable active service. The DD Form 214 he was issued shows his SSN as xxx-3x-x369.
4. The social security card provided by the applicant shows his SSN as
xxx-5x-x460. His DD Form 47 (Record of Induction), discharge orders, and all other documents in his available records that contain an SSN show his SSN as xxx-5x-x460.
5. Army Regulation 635-5 (Separation Documents) is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. This regulation, in effect at the time, states that for item 3, transcribe the SSN from the Soldier's DA Form 2139 (Military Pay Voucher).
DISCUSSION AND CONCLUSIONS:
The available records do not contain the applicant's DA Form 2139 as described in Army Regulation 635-5 at the time in effect. However, his DD Form 47, discharge orders, and all other documents in his available records that contain an SSN show his SSN as xxx-5x-x460, which is the same SSN as reflected on his social security card. It appears that the SSN reflected on his DD Form 214 was transcribed in error; therefore, it would be appropriate to correct this DD Form 214 to show his SSAN as xxx-5x-x460.
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 the applicant's DD Form 214 the entry xxx-3x-x369" and replacing it with the entry "xxx-5x-x460."
_________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.
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