BOARD DATE:	  18 July 2013

		DOCKET NUMBER:  AR20130000073 


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 (Report of Separation from Active Duty) for the period ending 23 October 1975 to show his Social Security Number (SSN) as "xxx-xx-xxx3" instead of "xxx-xx-xxx2."

2.  The applicant states, in effect, his SSN is incorrect. 

3.  The applicant provides a Social Security statement, Social Security card, and his Certificate of Live Birth.

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 underwent an enlistment physical at the Shreveport, LA, Armed Forces Examining Entrance Station (AFEES) on 30 November 1973.  His Standard Form 93 (Report of Medical History) and Standard Form 88 (Report of Medical Examination) both listed his SSN as
"xxx-xx-xxx2."

3.  He enlisted in the Regular Army on 30 November 1973.  Item 1 (SSN) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his SSN as "xxx-xx-xxx2."  However, the last digit is lined through and it appears the number "3" is handwritten above the line through.  He authenticated this form with his signature.

4.  His record contains a DA Form 2173 (Statement of Medical History and Duty Status), dated 1 August 1974, that listed his SSN as "xxx-xx-xxx2."

5.  Special Orders Number 211, issued by Headquarters, U.S. Army Berlin, dated 24 October 1975, ordered his discharge from active duty effective 23 October 1975 for the purpose of immediate reenlistment.  The standard name line on these orders listed his SSN as "xxx-xx-xxx2."

6.  On 23 October 1975, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 for this period of service listed his SSN as "xxx-xx-xxx2."  However, the last digit is lined through and the number "3" is handwritten above the line through.  He authenticated this form with his signature.

7.  The applicant reenlisted in the RA on 24 October 1975.  His DD Form 4 for this reenlistment listed his SSN as "xxx-xx-xxx2."  He authenticated this form with his signature.

8.  His record contains multiple documents showing his SSN as "xxx-xx-xxx2" including:

* two DA Forms 2627 (Record of Proceedings Under Article 15 of the Uniform Code of Military Justice) accepted by the applicant on 2 July 1976 and 8 November 1976
* a DA Form 2166-5-1 (Enlisted Evaluation Report) for the period September 1975 through August 1976

9.  His record also contains multiple documents showing his SSN as
"xxx-xx-xxx3" including:

* three Leave and Earnings Statement for the period 1-30 September 1977, October 1977, and November 1977
* Various memoranda related to his discharge in absentia as a result of extended absence without leave

10.  Orders 109-1, issued by the U.S. Army Enlisted Records and Evaluation Center, Fort Benjamin Harrison, IN, dated 31 August 1983, ordered his discharge from the Regular Army, effective 31 August 1983.  The standard name line on these orders listed his SSN as "xxx-xx-xxx3."

11.  On 31 August 1983, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 14, by reason of misconduct – desertion.  The DD Form 214 he was issued for this period of service listed his SSN as "xxx-xx-xxx3."

12.  He provides a Certificate of Live Birth.  He also provides a Social Security card that contains a name similar to his with an SSN of "xxx-xx-xxx3." 

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains conflicting documents.  Some documents contain an SSN with the number "2" while others contain the number "3" in the last digit.  When he took his enlistment physical at the Shreveport AFEES in November 1973, he listed his SSN as "xxx-xx-xxx2."  When he enlisted in the RA, his DD Form 4 also contained that same SSN, although the last digit of "2" was lined out and a "3" was placed above it.

2.  When his discharge orders were published, the standard name line contained an SSN of "xxx-xx-xxx2."  When his DD Form 214 for his first period of service was processed, it listed his SSN as "xxx-xx-xxx2."

3.  When he reenlisted in the RA, his DD Form 4 also listed his SSN as
"xxx-xx-xxx2."  Yet, some documents subsequent to the date of his reenlistment listed his SSN as "xxx-xx-xxx2" while others listed his SSN as "xxx-xx-xxx3."  When his DD Form 214 for this period of service was processed, it listed his SSN as "xxx-xx-xxx3."

4.  Based on the above evidence, it appears the applicant may have inadvertently disclosed an incorrect SSN upon his entry on active duty in 1973.  The Social Security card he provides, coupled with his military pay records, suggest the SSN should have contained the number "3" in the last digit. Therefore, as a matter of equity, his DD Form 214 for the period ending
23 October 1975 should be corrected to show his 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 for the period ending 23 October 1973 the current entry and replacing it with the Social Security Number as show 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)                                         AR20130000073



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ABCMR Record of Proceedings (cont)                                         AR20130000073



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