IN THE CASE OF:
BOARD DATE: 15 October 2013
DOCKET NUMBER: AR20130002932
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-xx-xx49 instead of xxx-xx-xx14.
2. The applicant states the SSN recorded on his DD Form 214 is probably the result of a typing error.
3. The applicant provides his Bronze Star Medal award documents,
DD Form 214, and discharge orders.
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 Reserve (USAR) on 23 May 1967 for a period of 6 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.
3. The applicant's DA Form 61 (Application for Appointment), prepared by him on 23 January 1969, shows he entered xxx-xx-xx49 in the SSN block.
4. On 1 June 1969, he was appointed as a Reserve commissioned officer in the rank of second lieutenant.
5. Headquarters, Fifth U.S. Army, Fort Sheridan, IL, Letter Orders A-09-1609, dated 2 September 1969, ordered the applicant to active duty. The orders show his SSN as xxx-xx-xx49.
6. On 11 July 1971, the applicant was honorably released from active duty and transferred to the USAR Control Group (Annual Training). Item 3 (SSN) of the DD Form 214 he was issued at the time shows his SSN as xxx-xx-xx14.
7. In support of his application the applicant provides the following documents:
a. United States Military Assistance Command, Vietnam, General Orders Number 1903, dated 1 May 1971, and a DA Form 4980-5 (Bronze Star Medal Certificate) that show he was awarded the Bronze Star Medal for meritorious achievement in Vietnam from June 1970 to May 1971. The documents show his SSN as xxx-xx-xx49; and
b. Office of The Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 04-1112498, dated 9 April 1975, that shows he was honorably discharged from the USAR effective
30 April 1975. The orders also show his SSN as xxx-xx-xx49.
8. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents. The purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his SSN as xxx-xx-xx49.
2. The evidence of record shows the U.S. Army was not using the SSN for identification purposes at the time the applicant enlisted. However, at the time of his appointment as a commissioned officer, his SSN was recorded in his military records as xxx-xx-xx49.
3. 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.
4. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show the SSN as shown on his appointment orders.
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 DA Form 61.
_______ _ 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) AR20130002932
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ABCMR Record of Proceedings (cont) AR20130002932
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