IN THE CASE OF:
BOARD DATE: 27 August 2013
DOCKET NUMBER: AR20130001315
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 "XXX-XX-XX07."
2. The applicant states the SSN recorded on his DD Form 214 is incorrect. He believes this is nothing more than a typographical error. He did not notice the error until recently.
3. The applicant provides copies of his DD Form 214 and 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. The applicant enlisted in the Regular Army (RA) on 9 July 1991. His records contain a:
* DD Form 4/1 (Enlistment/Reenlistment Document), dated 30 April 1991, listing his SSN as "XXX-XX-XX04" on the first page and as "XXX-XX-XX07" on the last page
* DD Form 93 (Record of Emergency Data), dated 30 June 1993, listing his SSN as "XXX-XX-XX07"
* DA Form 2-1 (Personnel Qualification Record), prepared on 30 June 1993, listing his SSN as "XXX-XX-XX07"
3. He was discharged from active duty in pay grade E-1 on 15 March 1994. Item 3 (SSN) of his DD Form 214 lists his SSN as "XXX-XX-XX04."
4. The applicant's record also contains a memorandum, from Headquarters U.S. Army Training Center, Fort Jackson, SC, dated 31 March 1994, requesting correction of the applicant's DD Form 214 to show his SSN as "XXX-XX-XX07" and the issuance of a DD Form 215 (Correction to DD Form 214).
5. The applicant provides a copy of his social security card listing his SSN as "XXX-XX-XX07."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for preparation of the DD Form 214. At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's SSN with the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant listed his SSN as "XXX-XX-XX07" at the time of enlistment in the RA. Subsequent to his discharge in March 1994, a request was submitted for correction of his DD Form 214 to show this SSN, which is the SSN listed on his social security card. There is no evidence this was done and/or a DD Form 215 was issued.
2. The last page of the applicant's enlistment document, DD Form 93, DA Form 2-1, and his social security card list the SSN that he used during his period of active service.
3. It appears an administrative error occurred during the preparation of his DD Form 214. Therefore, it would be appropriate at this time to correct his DD Form 214 to show the 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 deleting the current SSN from the applicant's DD Form 214 and replacing it with the SSN that 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) AR20130001315
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ABCMR Record of Proceedings (cont) AR20130001315
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