BOARD DATE: 27 August 2013
DOCKET NUMBER: AR20130001873
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-74-XXXX."
2. The applicant states that his record "missed a number." He states the error came from the St. Louis war records.
3. The applicant provides his DD Form 214.
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 15 November 1965 for a period of 3 years under the airborne training option. At the time of his enlistment his SSN was recorded as "XXX-74-XXXX."
3. He completed training and was transferred to Fort Bragg, North Carolina, where he remained until he was honorably released from active duty (REFRAD) on 27 September 1968. He completed 2 years, 10 months, and 15 days of total active service. Copy 2 (Member Copy) of his DD Form 214 shows his SSN as "XXX-74-XXXX." The fifth digit appears to contain a strike-over indicating the number "8" was corrected to read "4."
4. U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 11-1260050, dated 3 November 1971, discharged him from the U.S. Army Reserve effective 14 November 1971. His SSN is shown as
"XXX-78-XXXX."
5. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. At the time of his enlistment and throughout his active duty service the applicant's SSN was recorded as "XXX-74-XXXX." However, at the time of his REFRAD his DD Form 214 was prepared indicating a strike-over in the entry for his SSN. Accordingly, his DD Form 214 should be corrected to show his SSN as "XXX-74-XXXX."
2. It appears that the error in entering his SSN on his DD Form 214 was carried forward to his discharge from the U.S. Army Reserve at the expiration of his service obligation. Therefore, it would also be appropriate to correct Letter Orders Number 11-1260050, dated 3 November 1971, to show his SSN as
"XXX-74-XXXX" at this time.
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 amending his DD Form 214 and Letter Orders Number 11-1260050, dated 3 November 1971, to show his SSN as recorded at the time of his enlistment.
___________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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