IN THE CASE OF:
BOARD DATE: 10 September 2013
DOCKET NUMBER: AR20130001394
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, in effect, 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-x8-xxxx" instead of "xxx-x5-xxxx."
2. The applicant states, in effect, he is applying for Department of Veterans Affairs (VA) benefits and his SSN is listed incorrectly on his DD Form 214.
3. The applicant provides copies of his Social Security Card and Medicare Health Insurance 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 was inducted into the Army of the United States on 30 December 1965. He completed training and was awarded military occupational specialties 32E (Fixed Plant Carrier Repairman) and 34D (Automated Data Processing System Equipment Repairman).
3. In connection with his enlistment, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as "xxx-x8-xxxx." He authenticated this form by placing his signature in the appropriate block.
4. His DD Form 4 (Enlistment Record - Armed Forces of the United States) lists his assigned service number; it does not list his SSN.
5. His record contains various personnel documents and orders that list his SSN as "xxx-x8-xxxx." He authenticated several of these documents as required by placing his signature in the appropriate block.
6. On 7 January 1966, the applicant enlisted in the Regular Army. He was issued a DD Form 214 for his service ending 6 January 1966. This DD Form 214 shows his SSN as "xxx-x8-xxxx."
7. On 4 April 1968, the applicant was honorably released from active duty and he immediately reenlisted. He was issued a DD Form 214 for the period of service from 7 January 1966 through 4 April 1968 which shows his SSN as
"xxx-x5-xxxx."
8. On 24 January 1973, the applicant was honorably discharged. His DD Form 214 for period 5 April 1968 through 24 January 1973 shows his SSN as
"xxx-x5-xxxx."
9. He provides a copy of his Social Security Card and Medicare Health Insurance Card that lists his name and the SSN of "xxx-x8-xxxx."
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states 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. In connection with his enlistment, the applicant listed his SSN as
"xxx-x8-xxxx." His records show he consistently used this SSN throughout his military service and his Social Security Card confirms that this is the SSN he was issued. However, it appears administrative errors occurred during the preparation of his DD Forms 214 for the periods of service ending 4 April 1968 and 24 January 1973 resulting in the incorrect SSN being entered on his
DD Forms 214.
2. Therefore, based on the evidence of record and the evidence provided by the applicant, it would be appropriate at this time to correct his DD Forms 214 for the periods of service ending 4 April 1968 and 24 January 1973 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 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 amending his DD Forms 214 for the periods of service ending 4 April 1968 and 24 January 1973 to show his 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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