IN THE CASE OF:
BOARD DATE: 27 August 2013
DOCKET NUMBER: AR20130001966
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-x2-xxxx" instead of "xxx-x3-xxxx."
2. He states a clerical error exists on his DD Form 214.
3. He provides his social security card, DD Form 214, and several orders.
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
22 September 1970. He was honorably released from active duty on 16 April 1972 and credited with 1 year, 6 months, and 25 days of active duty service.
3. All the documents containing an SSN in his military personnel records list his SSN as "xxx-x2-xxxx." These documents include the following:
* DD Form 47 (Record of Induction)
* DD Form 398 (Statement of Personal History)
* DA Form 428 (Application for Identification Card)
* DA Form 20 (Enlisted Qualification Record)
* Various orders
4. Item 3 (SSN) of his DD Form 214 shows his SSN as "xxx-x3-xxxx."
5. He provided his social security card which lists his SSN as "xxx-x2-xxxx."
6. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
It appears the applicant's SSN of "xxx-x2-xxxx" was used throughout his military service. His Statement of Personal History and his social security card confirm that his SSN is "xxx-x2-xxxx." Therefore, he is entitled to correction of his
DD Form 214 to show his correct SSN.
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 Form 214 to show his SSN as it appears 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) AR20130001966
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ABCMR Record of Proceedings (cont) AR20130001966
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