IN THE CASE OF:
BOARD DATE: 19 September 2013
DOCKET NUMBER: AR20130002886
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 reflect the Social Security Number (SSN) that is on his Social Security Card.
2. The applicant states that his DD Form 214 depicts an incorrect SSN and he desires to have it corrected.
3. The applicant provides a copy of his DD Form 214, Social Security Card, and drivers 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. The applicant enlisted in the Regular Army on 7 July 1969 for a period of
3 years. At the time of enlistment he was issued a temporary SSN which is reflected on a number of documents in his record.
3. The following documents are contained in his official record and they list the SSN that is depicted on his Social Security Card.
a. Headquarters 2nd Infantry Division, Special Orders Number 3, dated
3 January 1970, assigning the applicant to Headquarters and Headquarters Company 2nd Battalion, 9th Infantry Division.
b. VA Form 29-8286 (Servicemen's Group Life Insurance Election), dated
6 October 1970.
c. DA Form 664 (Serviceman's Statement Concerning Application for Compensation from the Veterans Administration), dated 30 April 1971.
4. He served until he was discharged under honorable conditions on 30 April 1971. His DD Form 214 reflects the temporary SSN that he was issued at the time of enlistment.
5. 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. The applicants contention that his DD Form 214 should be corrected to reflect the SSN that is contained on his Social Security Card has been noted and found to have merit.
2. The applicants record contains several documents showing the SSN that is contained on his Social Security Card and given that the SSN that is contained on his DD Form 214 is a temporary SSN, it is reasonable that his SSN should be corrected.
3. Accordingly, his DD Form 214 should be corrected to show the SSN that is reflected 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 deleting the SSN that is currently reflected on his DD Form 214 and entering the SSN that is reflected 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.
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