IN THE CASE OF:
BOARD DATE: 19 September 2013
DOCKET NUMBER: AR20130003181
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) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect xxx-8x-xxxx.
2. The applicant states the SSN on his DD Form 214 is incorrect.
3. The applicant provides a copy of his Social Security Card and DD Form 214.
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 was inducted into the Army of the United States on 12 June 1969.
3. His record contains the following documents showing his SSN as xxx-8x-xxxx, the number he claims is correct:
* DD Form 398 (Statement of Personal History), dated 8 June 1969
* DD Form 1584 (National Agency Check Request), dated 24 June 1969
* Special Orders 106, Headquarters, 23d Infantry Division (Americal), dated 16 April 1971
* DA Form 2376 (Notification to State Adjutants General Release from Active Duty of Obligated Reservist), dated 27 April 1971
* DA Form 20 (Enlisted Qualification Record)
4. He was honorably released from active duty on 27 April 1971.
5. His record contains the following documents showing his SSN as xxx-5x-xxxx the number he claims is incorrect:
* DA Form 1811 (Physical and Mental Status on Release from Active Duty), dated 27 April 1971
* Special Orders, Headquarters, U.S. Army Personnel Center, Fort Lewis, dated 27 April 1971
* DD Form 214
6. The applicant provides a Social Security Card that reflects an SSN of xxx-8x-xxxx.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
The applicant's record contains several documents that show he used the SSN that is listed on his Social Security Card during his period of active service. It appears an administrative error occurred resulting in the incorrect SSN being listed his DD Form 214. Therefore, it would be appropriate to correct his
DD Form 214 to show his SSN as it is listed 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 deleting from item 3 of his DD Form 214 the current SSN entry and replacing it with the SSN listed 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) AR20130003181
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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