BOARD DATE: 1 August 2013
DOCKET NUMBER: AR20130001265
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 (Report of Separation from Active Duty) to show his social security number (SSN) as "453-XX-XXXX" instead of "435-XX-XXXX."
2. The applicant states the SSN shown on his DD Form 214 contains a typographical error.
3. The applicant provides a copy of his DD Form 214, social security card, and 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 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 8 February 1977. Item 2 (SSN) of his DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States) shows his SSN as "453-XX-XXXX."
3. On 29 March 1977, the applicant was honorably discharged. Item 3 (SSN) of his DD Form 214 shows his SSN as "435-XX-XXXX."
4. The applicant provides a copy of his social security card that shows his SSN as "453-XX-XXXX."
5. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as shown on his social security card was carefully considered and determined to have merit.
2. The applicant's SSN appears as "453-XX-XXXX" on his DD Form 4 which was completed upon his enlistment. It appears a typographical error occurred during preparation of his DD Form 214 resulting in his SSN being incorrectly listed. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his 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 be corrected by deleting the current entry from item 3 of his DD Form 214 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.
ABCMR Record of Proceedings (cont) AR20130001265
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