BOARD DATE: 11 June 2013
DOCKET NUMBER: AR20120022013
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) to show his Social Security Number (SSN) as xx2-xx-xxxx instead of xx8-xx-xxxx.
2. The applicant states the SSN shown on his DD Form 214 does not match the SSN on his Social Security card.
3. The applicant provides a DD Form 214 and a copy of his 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 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. During the applicant's pre-enlistment processing, on 18 November 1967, he completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as xx2-xx-xxxx.
3. On 29 November 1967, he enlisted in the Regular Army for a period of
3 years. A DD Form 4 (Enlistment Contract Armed Forces of the United States) of record shows his SSN as xx2-xx-xxxx.
4. His military record also includes a DD Form 1584 (National Agency Check Request) and a DA Form 20 (Enlisted Qualification Record) that show his SSN as xx2-xx-xxxx.
5. On 10 December 1970, he was honorably released from active duty at the expiration of his term of service. He completed 3 years of total active service. Item 3 (SSN) of the DD Form 214 he was issued at the time shows his SSN as xx8-xx-xxxx.
6. He provides a copy of his Social Security card, dated 8 August 2012, that shows his SSN as xx2-xx-xxxx.
7. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as xx2-xx-xxxx has been carefully reviewed and determined to have merit.
2. The applicant's DD Form 4, DD Form 398, and DD Form 1584 list the SSN he claims is correct. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in his SSN being listed as xx8-xx-xxxx instead of xx2-xx-xxxx. Therefore, his DD Form 214 should be corrected to reflect the SSN as shown on his Social Security card.
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 the current entry and replacing it with the SSN 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) AR20120022013
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ABCMR Record of Proceedings (cont) AR20120022013
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