IN THE CASE OF:
BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130002906
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 Unites States Report of Transfer or Discharge) to show his Social Security Number (SSN) as xxx-xx-4xxx instead of xxx-xx-1xxx.
2. The applicant states the SSN recorded on his DD Form 214 is incorrect.
3. The applicant provides 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 enlisted in the U.S. Army on 7 February 1966 for a period of
3 years. At the time of the applicant's enlistment, the U.S. Armed Forces did not use the SSN for identification; he was issued a service number. However, the applicant's DD Form 398 (Statement of Personal History), prepared by him on
31 January 1966, shows he entered xxx-xx-4xxx in the SSN block.
3. On 9 January 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).
Item 3 (SSN) of the DD Form 214 he was issued at the time shows his SSN as xxx-xx-1xxx.
4. Office of The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 01-1030911, dated 26 January 1972, shows he was honorably discharged from the U.S. Army Reserve effective 6 February 1972. The orders show his SSN as xxx-xx-4xxx.
5. In support of his application the applicant provides a copy of his Social Security card that shows "This Number Has Been Established For" [Applicant's Name]; however, it does not show the SSN.
DISCUSSION AND CONCLUSIONS:
1. The U.S. Army was not using the SSN for identification purposes at the time the applicant enlisted. However, at the time of his enlistment processing, his SSN was recorded in his military records as
xxx-xx-4xxx.
2. Records show the applicant's correct SSN was used throughout his active duty service. However, an incorrect SSN was entered on the applicant's DD Form 214 when he was transferred to the USAR.
3. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show the SSN as shown on his DD Form 398.
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 current entry from item 3 of his DD Form 214 and replacing it with the Social Security Number as shown on his 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) AR20130002906
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