IN THE CASE OF:
BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130003240
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 "XX2-XX-XXXX" instead of "XX7-XX-XXXX."
2. The applicant states his SSN is listed incorrectly on his DD Form 214.
3. The applicant provides his DD Form 214, social security card, driver license, discharge orders, Honorable Discharge Certificate, and certificate of birth.
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. Prior to induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History). He listed his SSN as "XX2-XX-XXXX" and authenticated this form with his signature.
3. He was inducted into the AUS on 7 January 1965. His DD Form 47 (Record of Induction) listed his service number; it did not list his SSN.
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty also listed his service number; it did not list his SSN.
5. He was honorably released from active duty on 6 January 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). Item 32 (Remarks) of his DD Form 214 shows his SSN as "XX7-XX-XXXX."
6. He was ultimately discharged from the USAR on 6 January 1971. Both his discharge orders and Honorable Discharge Certificate listed his SSN as
"XX2-XX-XXX."
7. The applicant submitted his social security card that confirms his SSN is
"XX2-XX-XXXX."
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The available evidence shows the applicant listed his SSN as "XX2-XX-XXXX" upon induction into the AUS. This SSN is consistent with the SSN shown on the social security card he provides. It appears the incorrect SSN was listed on his DD Form 214 during the preparation process as a result of an administrative error. In view of the foregoing, his DD Form 214 should be corrected to show his SSN as "XX2-XX-XXXX."
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 the current SSN entry from item 32 of his DD Form 214 and replacing it with the SSN as it is 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) AR20130003240
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130003240
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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