BOARD DATE: 13 August 2013
DOCKET NUMBER: AR20130001162
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 "47x-5x-xxxx" instead of "74x-6x-xxxx."
2. The applicant states his DD Form 214 contains the wrong SSN.
3. The applicant provides his DD Form 214 and a 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. Prior to enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History). He listed his SSN as "47x-5x-xxxx" and authenticated this form with his signature.
3. He enlisted in the RA on 12 October 1964. His DD Form 4 (Enlistment Record Armed Forces of the United States) listed his Service Number; it did not list his SSN.
4. His DA Form 20 (Enlisted Qualification Record), which was created upon his entry onto active duty also listed his Service Number; it did not list his SSN.
5. His record contains a DA Form 41 (Record of Emergency Data) that lists his SSN as "47x-5x-xxxx." He authenticated this form with his signature.
6. He was honorably released from active duty on 9 September 1968. Item 3 (SSN) of his DD Form 214 shows his SSN as "74x-6x-xxxx."
7. The applicant submitted a social security card that contains his same name with the SSN of "47x-5x-xxxx."
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. 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 the applicant listed his SSN as "47x-5x-xxxx" upon his enlistment in the RA. This SSN is consistent with the SSN shown on at least one other document 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 the current entry from item 3 of his DD Form 214 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.
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