IN THE CASE OF:	

		BOARD DATE:	  13 August 2013

		DOCKET NUMBER:  AR20130000068 


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 correct social security number (SSN). 

2.  The applicant states the SSN recorded on his DD Form 214 is incorrect.  He did not notice the error at the time of his separation processing.

3.  The applicant provides copies of his Social Security card, Social Security Administration (SSA) benefits letter, 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 was inducted into the Army of the United States on 9 February 1966.  The U.S. Armed Forces did not use the SSN for identification at the time of the applicant's induction.

3.  A DA Form 3027 (U.S. Army Request for National Agency Check), dated
9 February 1966, shows in item 4 (SSN) the entry "XX3-7X-8XXX."

4.  The applicant's DD Form 398 (Statement of Personal History), prepared by him on 7 August 1966, shows he entered "XX3-7X-8XXX" in the SSN block.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 23 January 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training).  Item 3 (SSN) shows the entry "XX8-3X-4XXX."

6.  In support of his application the applicant provides a copy of his Social Security card, issued on 8 December 2009, and SSA benefits letter, dated
1 October 2012, that show his SSN is "XX3-7X-8XXX."

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also 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) contained guidance for preparation of the DD Form 214.  It stated that all available records would be used as a basis for preparation of the DD Form 214, including the Enlisted Qualification Record and orders.  The instructions for item 3 stated to transcribe the SSN from the DA Form 2139 (Military Pay Voucher).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his SSN as "XX3-7X-8XXX."

2.  The evidence of record shows the U.S. Armed Forces was not using the SSN at the time the applicant was inducted and entered active duty.  However, at the time of entry processing he reported that his SSN was "XX3-7X-8XXX."

3.  The evidence of record also shows that an incorrect SSN was used at some point and entered into the applicant's military service records, including his DD Form 214 when he was released from active duty.

4.  Thus, the evidence of record supports the applicant's contention that an incorrect SSN was associated with his military records and recorded on his
DD Form 214

5.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his SSN as "XX3-7X-8XXX."

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 current entry from item 3 of his DD Form 214 and replacing it with the SSN that is listed 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)                                         AR20130000068



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ABCMR Record of Proceedings (cont)                                         AR20130000068



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