IN THE CASE OF:
BOARD DATE: 4 June 2013
DOCKET NUMBER: AR20120019024
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 4 April 1969 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct social security number (SSN).
2. The applicant states the SSN recorded on his DD Form 214 should be
"xxx-xx-xxx4" instead of "xxx-xx-xxx0."
3. The applicant provides copies of his Social Security card and 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. The applicant enlisted in the Regular Army (RA) on 2 September 1964 for a period of 3 years. The U.S. Armed Forces did not use the SSN at the time of the applicant's enlistment.
3. A DD Form 214 shows he was honorably discharged on 4 April 1966 to reenlist in the RA. Item 32 (Remarks) shows his SSN as "xxx-xx-xxx4."
4. The applicant reenlisted in the RA on 5 April 1966 for a period of 3 years.
5. The applicant's DA Form 20 (Enlisted Qualification Record), that was signed by the applicant on 25 January 1966 and reviewed by him on 13 January 1969, shows in item 1 (Name and Service Number), in part, the SSN "xxx-xx-xxx4."
6. A DD Form 214 shows the applicant entered active duty this period on 5 April 1966, he was honorably released from active duty on 4 April 1969, and transferred to the U.S. Army Reserve Control Group (Standby). It also shows in item 3 (SSN) the entry "xxx-xx-xxx0."
7. The applicant provides a copy of his social security card that shows his SSN as "xxx-xx-xxx4."
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It established standardized policy for preparing and distributing the DD Form 214.
a. The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation. Therefore, it is important that the information entered thereon is complete and accurate as of that date.
b. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance for preparation of the DD Form 214. It states that all available records will be used as a basis for preparation of the DD Form 214, including the Enlisted Qualification Record and orders. The instructions for item 3 state to transcribe the SSN from the DA Form 2139 (Military Pay Voucher).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his 4 April 1969 DD Form 214 should be corrected to show his SSN as "xxx-xx-xxx4."
2. The evidence of record shows that the U.S. Army was not using the SSN at the time the applicant initially entered active duty. However, at some point during that period of service, his correct SSN was recorded in his military service records, including on his 4 April 1966 DD Form 214 when he was discharged to reenlist in the RA.
3. The applicant's military personnel records consistently show his correct SSN of "xxx-xx-xxx4."
4. Thus, the evidence of record supports the applicant's contention that an incorrect SSN was recorded on his 4 April 1969 DD Form 214.
5. Therefore, it would be appropriate to correct the applicant's 4 April 1969 DD Form 214 to show his SSN as "xxx-xx-xxx4."
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 4 April 1969 DD Form 214 the current entry and replacing it with the social security number as 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) AR20120019024
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120019024
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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