IN THE CASE OF:
BOARD DATE: 13 August 2013
DOCKET NUMBER: AR20130002207
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 the social security number (SSN) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the ninth digit of his (SSN) as 4.
2. The applicant states, in effect, his SSN on his DD Form 214 contains an administrative error and it should be corrected.
3. The applicant provides a copy of his SSN Card and 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 applicants 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 applicants 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 26 January 1965.
3. The applicant's Army Military Human Resource Record (AMHRR) shows the primary identification number used at the time of his induction was a Service Number (SN) which is listed on his DD Form 47 (Record of Induction). His AMHRR also contains a DA Form 20 (Enlisted Qualification Record) and U.S. Army Reserve (USAR) separation order which list the ninth digit of his SSN as "4."
4. On 18 January 1967, the applicant was honorably released from active duty.
Item 32 (Remarks) of the applicants DD Form 214 lists the ninth digit of his SSN as "2."
5. On 27 October 1969, the Department of the Army, Headquarters, U.S. Army Advisor Group (USAR), Hawaii informed the applicant that his military records reflect two different SSNs. They requested that he sign the attached statement, if correct, or provide a photo copy of his SSN card.
6. In an envelope dated 4 November 1969, the applicant provided a copy of his SSN card to Headquarters, U.S. Army Advisor Group, Hawaii, which shows the ninth digit of his SSN as 4.
7. On 13 January 1971, the applicant was discharged from the USAR. The USAR order lists the ninth digit of his SSN as 4.
8. 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 the preparation of the DD Form 214. It states that the complete name and SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant entered active duty and served under an SN. The evidence also confirms the applicants DD Form 214 lists his SSN with the ninth digit as 2 and his USAR discharge order lists his SSN with the ninth digit as 4. The ninth digit of his SSN as 4 is corroborated on the DA Form 20 and the USAR discharge order, and is confirmed by the SSN card provided by the applicant. As a result, it appears the SSN entry on the applicant's DD Form 214 was the result of an administrative error.
2. In view of the foregoing, it would be appropriate to correct his DD Form 214 to show the proper 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 item 32 of his DD Form 214 by replacing the ninth digit with a "4" as it is listed on his DA Form 20 and SSN 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) AR20130002207
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ABCMR Record of Proceedings (cont) AR20130002207
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