IN THE CASE OF:
BOARD DATE: 8 August 2013
DOCKET NUMBER: AR20130000903
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 the seventh digit of his Social Security Number (SSN) as "5" instead of "2."
2. The applicant states his SSN is incorrect.
3. The applicant provides a social security card, his DD Form 214, and a commercial driver's license.
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 completed a DD Form 398 (Statement of Personal History) in connection with his induction into the Army of the United States (AUS). He listed his SSN with a "5" as the seventh digit. He authenticated this form with his signature.
3. He was inducted into the AUS on 14 April 1971. His DD Form 47 (Record of Induction) listed his SSN with a "5" as the seventh digit.
4. His DA Form 20 (Personnel Qualification Record) which was created upon his entry on active duty also listed his SSN with a "5" as the seventh digit. He reviewed this form at a later date and authenticated it with his signature.
5. His record contains multiple documents listing his SSN with a "5" as the seventh digit including:
* DA Form 2962 (Security Termination Statement and Debriefing Certificate)
* Special Orders Number 70, dated 14 April 1971
6. He was honorably released from active duty on 6 April 1973 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement). Item 3 (SSN) of his DD Form 214 lists a "2" as the seventh digit of his SSN instead of a "5."
7. He provides a social security card that contains his name and an SSN with a "5" as the seventh digit.
8. 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:
The evidence of records shows upon his induction into the AUS he listed his SSN with a "5" as the seventh digit. This SSN is consistent with the SSN shown on at multiple documents in his service record and the social security card he provides. It appears the incorrect SSN was listed on his DD Form 214 during the preparation process, as a result of an administrative error. In view of the foregoing, his DD Form 214 should be corrected as recommended below.
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 the current entry and replacing it with the SSN 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.
ABCMR Record of Proceedings (cont) AR20130000903
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ABCMR Record of Proceedings (cont) AR20130000903
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