IN THE CASE OF:
BOARD DATE: 18 July 2013
DOCKET NUMBER: AR20130000380
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 item 32 (Remarks) 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-XX-XXX9" instead of "XXX-XX-XXX7."
2. He states he just recently noticed the discrepancy and would like it corrected for identification purposes. It could affect his benefits and could erroneously give credit to someone else who does not deserve credit.
3. The applicant provides his DD Form 214 and 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. The applicant enlisted in the Regular Army on 30 January 1963 for a period of 3 years. He was honorably released from active duty on 28 January 1966. Item 32 of the DD Form 214 he was issued at the time shows the entry "SSAN
XXX-XX-XXX7."
3. The applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), contains a DD Form 398 (Statement of Personal History) rendered at the time of his enlistment that shows his SSN as "XXX-XX-XXX9." A review of the remaining documents in his AMHRR shows his SSN consistently appears as "XXX-XX-XXX9" throughout his service.
4. Item 32 of his DD Form 214 shows his SSN as "XXX-XX-XXX7."
5. The applicant provides his Social Security card that shows his SSN as
"XXX-XX-XXX9."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. It states the complete name and SSN of the separating service member will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as "XXX-XX-XXX9" was carefully considered and determined to have merit.
2. His Social Security card shows his SSN as "XXX-XX-XXX9."
3. His SSN consistently appears as "XXX-XX-XXX9" in his AMHRR. It appears that during the preparation of his DD Form 214 an administrative error occurred resulting in a typographical error in the last number of his SSN. Therefore, his DD Form 214 should be corrected to show 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 the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned by corrected by deleting from item 32 of his DD Form 214 the current SSN 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.
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