IN THE CASE OF:
BOARD DATE: 3 September 2013
DOCKET NUMBER: AR20130002219
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that the third digit of his Social Security Number (SSN) is a 4."
2. The applicant states that his SSN was incorrect during his entire career and on his DD Form 214.
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 was inducted on 3 April 1969 and at that time provided an SSN containing a 2 as the third digit.
3. He completed his training as an infantry indirect fire crewman, served a tour in Vietnam, and returned to Fort Carson, Colorado, for his final assignment.
4. During the applicants outprocessing and medical processing he completed forms showing that his SSN contained a 4 as the third digit. Additionally, in November 1971, he notified officials at the Army Reserve Personnel Center that his SSN contained a 4 as the third digit.
5. On 2 April 1971, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that his SSN contains a 2 as the third digit.
6. He provides a Social Security Card which shows his SSN with the third digit as a "4."
7. On 1 July 1969, the Army discontinued the issuance and use of the military service number and began using the SSN for identification. Prior to 1 July 1969, service members were not required to maintain an SSN in their record; however, they were usually recorded when provided by the Soldier.
8. Army Regulation 635-5 (Separation Documents) serves as the authority for the 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 induction the applicant listed a SSN that contained a 2 as the third digit and this is reflected on his DD Form 214.
2. However, both prior to his REFRAD and subsequently thereafter, the applicant indicated that his SSN was incorrect and that it should contain a 4 as the third digit instead of a 2."
3. Accordingly, his DD Form 214 should be corrected to show the SSN that 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 Form 214 by deleting the current SSN and replacing it with the SSN 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) AR20130002219
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ABCMR Record of Proceedings (cont) AR20130002219
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