IN THE CASE OF:
BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130002826
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-x4-xxxx" instead of "xxx-x8-xxxx."
2. The applicant states:
* his SSN is not right
* his SSN is "xxx-x4-xxxx"
3. The applicant provides no additional documentary evidence.
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. Special Order Number 111, issued by the Armed Forces Examining and Entrance Station, Baltimore, MD, dated 10 June 1969, shows the applicant was inducted into the Army of the United States on 10 June 1969 for a period of
24 months. His SSN is shown as "xxx-x4-xxxx."
3. The applicant's record also contains a DD Form 398 (Statement of Personal History), dated 11 June 1969, that he completed during his induction processing. It shows his SSN as "xxx-x4-xxxx."
4. On 16 December 1970, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. The DD Form 214 he was issued at the time shows his SSN as "xxx-x8-xxxx."
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It stated for item 3 (SSN), transcribe the Soldier's SSN from his/her DA Form 2139 (Military Pay Voucher).
DISCUSSION AND CONCLUSIONS:
The applicant's record does not contain a DA Form 2139 for verification of his SSN. However, Special Order Number 111, dated 10 June 1969, and his
DD Form 398, dated 11 June 1969, both confirm he recorded his SSN as
"xxx-x4-xxxx" at the time of induction and are accepted as sufficient evidence of his SSN. Therefore, item 3 of his DD Form 214 should be corrected accordingly.
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 deleting from item 3 of his DD Form 214 the current entry and replacing it with the SSN as shown on his induction order and DD Form 398.
____________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) AR20130002826
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130002826
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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