IN THE CASE OF:
BOARD DATE: 7 November 2013
DOCKET NUMBER: AR20130002518
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 the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his DD Form 214 shows his SSN as "XXX-X7-XXXX," but the correct SSN is "XXX-X2-XXXX."
3. He provides his DD Form 214, social security card, and Texas driver's license.
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. On 26 October 1966, the applicant was inducted into the Army of the United States. He was assigned an Army service number (ASN) as the primary source of identification.
3. On 26 October 1966, he completed a DD Form 398 (Statement of Personal History). In the block provided for his SSN under item 13 (Employment), he entered his SSN as "XXX-X2-XXXX."
4. Numerous documents in his records show his SSN as "XXX-X7-XXXX." These documents include orders and his DA Form 20 (Enlisted Qualification Record).
5. On 27 September 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).
6. His records contain two copies of the DD Form 214 for the period ending 27 September 1968. Both copies have been damaged and are missing the portion of the form containing item 2 (Service Number) and item 3 (SSN). He provided his copy of the DD Form 214 which shows the entry "XXX-X7-XXXX" in item 3.
7. While serving in the USAR, he completed a U.S. Army Accessions Command Form 37 (Post Service Information). He was asked to verify information, including his SSN. The form showed his SSN as "XXXX7XXXX" and he requested correction of his records to show his SSN as "XXX-X2-XXXX."
8. Effective 25 October 1972, he was honorably discharged from the USAR. His discharge orders show his SSN as "XXX-X2-XXXX."
9. The available records do not include a DA Form 2139 (Military Pay Voucher).
10. He provides his social security card which shows his SSN as
"XXX-X2-XXXX."
11. During the period the applicant served on active duty, Soldiers were identified by their ASN's. The Army discontinued using the ASN as an identifier and began using the SSN on 1 July 1969.
12. Army Regulation 635-5 (Separation Documents), effective 1 February 1967, stated the SSN in item 3 of the DD Form 214 was to be transcribed from the Soldier's DA Form 2139.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant provided his correct SSN during his induction processing. It appears his SSN was transcribed incorrectly at some point during his active duty service and this error was carried forward onto his DD Form 214. While serving in the USAR the error was corrected and he was discharged from the USAR under his correct SSN. In light of the available evidence, it would be appropriate to correct item 3 of his DD Form 214 to show his SSN as shown 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 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 replacing the entry in item 3 of his DD Form 214 with the SSN shown 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) AR20130002518
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ABCMR Record of Proceedings (cont) AR20130002518
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