IN THE CASE OF:
BOARD DATE: 20 August 2013
DOCKET NUMBER: AR20130000403
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) as follows:
* item 2 (Service Number) to show his Service Number as "USXX-XXX-431" instead of "USXX-XXX-451"
* item 3 (Social Security Number (SSN)) to show his SSN as "580-xx-xxxx" instead of "583-xx-xxxx"
2. The applicant states, in effect, his DD Form 214 contains administrative errors. These errors affect his eligibility for benefits.
3. The applicant provides his 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 applicants 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 applicants 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 was inducted into the Army of the United States on 29 March 1966. His DD Form 47 (Record of Induction) did not list his SSN but it did list his Service Number as "USXX-XXX-431."
3. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his Service Number as "USXX-XX-431" and his SSN as "580-xx-xxxx."
4. His records contain multiple documents that listed his SSN as "580-xx-xxxx" and his Service Number as "USXX-XX-431" and include the below documents. He authenticated some of these documents where needed.
* Acknowledgement of Service Obligation
* DA Form 41 (Record of Emergency Data)
* DA Form 2476 (Application for Separation - Hardship or Dependency)
* Separation orders
* Award orders
5. He was honorably released from active duty on 28 March 1968. His DD Form 214 shows in:
* item 2, the entry "USXX-XXX-451"
* item 3, the entry "583-xx-xxxx"
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs 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. The version in effect at the time of his discharge stated:
* item 2 shows the Service Number; Inducted personnel are identified with "US" while Regular Army Soldiers are identified as "RA"
* item 3 shows the SSN
DISCUSSION AND CONCLUSIONS:
1. With respect to his Service Number, when the applicant was inducted into the Army of the United States, he was assigned a Service Number that contains the numbers "453" in the last three digits and he listed an SSN that contains the numbers "580" in the first three digits. This Service Number and this SSN are consistent with the Service Number and SSN used throughout his military service.
2. It appears when his DD Form 214 was prepared it inadvertently listed an incorrect Service Number and SSN. It appears a typographical error was committed. Therefore, he should be entitled to correction of his DD Form 214 to show the correct Service Number as well as the correct SSN.
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 2 of his DD Form 214 the entry "USXX-XX-451" and adding the entry "USXX-XXX-453" as shown on his DD Form 47
* deleting from item 3 the SSN currently listed and replacing it with an SSN that contains the numbers "580" in the first three digits as shown on his DA Form 41
_______ _ 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) AR20130000403
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130000403
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