IN THE CASE OF:
BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20130000874
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 "399-XX-XXXX" instead of "339-XX-XXXX."
2. The applicant states the above error is making it difficult for him to apply for Department of Veterans Affairs benefits. He further states his issue will be resolved with this correction and the issuance of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).
3. The applicant provides his DD Form 214, his social security card, and a photocopy of one of his identification tags.
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 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. On 15 June 1970, the applicant was inducted into the Army of the United States. Item 2 (Service Number) of his DD Form 47 (Record of Induction) identifies his SSN as "399-XX-XXXX."
3. Special Orders Number 117, issued by the Armed Forces Examining and Entrance Station, Milwaukee, WI, dated 15 June 1970, ordered his induction into the Army of the United States and entrance on active duty. These orders identify his SSN as "399-XX-XXXX."
4. On 23 January 1970, he underwent an entrance physical, wherein he listed his SSN on his Standard Form (SF) 88 (Report of Medical Examination) as "399-XX-XXXX."
5. On 19 October 1970, he completed a DD Form 398 (Statement of Personal History), wherein he listed his SSN as "399-XX-XXXX."
6. Special Orders Number 30, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 30 January 1972, ordered his relief from active duty and assignment to the U.S. Army Reserve (USAR). These orders identify his SSN as "399-XX-XXXX."
7. On 30 January 1972, he underwent a separation physical, wherein he listed his SSN on his SF 88 as "399-XX-XXXX."
8. On 30 January 1972, he was honorably released from active duty and transferred to the USAR. Item 3 (SSN) of his DD Form 214 shows his SSN as "339-XX-XXXX."
9. The documents contained within his DA Form 201 (Military Personnel Records Jacket) identify his SSN as "399-XX-XXXX" except for the DD Form 214. He authenticated those documents by placing his signature where necessary when required.
10. He provides his social security card that shows his SSN as "399-XX-XXXX."
11. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate, reflective of the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his SSN as "399-XX-XXXX" instead of "339-XX-XXXX."
2. The evidence of record shows his SSN was identified as "399-XX-XXXX" throughout his period of military service. He submitted his social security card to establish that this is his correct SSN.
3. It appears his SSN is incorrectly listed on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show his SSN as it is listed 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 be corrected by amending his DD Form 214 by deleting the current SSN and adding the SSN as it 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) AR20100016576
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ABCMR Record of Proceedings (cont) AR20130000874
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