IN THE CASE OF:
BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20130003323
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 reflected on his Social Security Card.
2. The applicant states, in effect, that a typographical error occurred when his DD Form 214 was prepared and resulted in two digits (digits six and seven) being transposed.
3. The applicant provides a copy of his DD Form 214, a Leave and Earnings Statement (LES), and his 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 applicants military records were not available for review by the Board. However, the applicant has provided sufficient documents for the Board to conduct a fair and impartial review of this case.
3. The applicant was serving in the U.S. Army Reserve (USAR) when he was ordered to active duty on 5 September 1956. He was transferred to Camp Drew, Japan, where he served until he was returned to Oakland Army Base, California, and was honorably released from active duty (REFRAD) on 10 June 1958 as an overseas returnee. He had served 1 year, 9 months, and 6 days of active service and his DD Form 214 issued at the time of his REFRAD reflects an SSN in block 32 (Remarks) that contains the sixth and seventh digits of 98.
4. The LES provided by the applicant shows that his SSN was recorded in his finance records as being the same SSN as reflected on his Social Security Card.
5. On 1 July 1969, the Army discontinued the issuance and use of the Army service number and began using the SSN for identification. Prior to 1 July 1969, service members were not required to maintain an SSN in their records; however, they were usually recorded when provided by the individual Soldier.
6. 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 available evidence in this case shows that the applicants correct SSN was recorded in his records as the SSN that is reflected on his Social Security Card, and as evidenced by the LES the applicant has provided with his application.
2. Accordingly, his DD Form 214 should be corrected to reflect 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 changing the SSN recorded on his DD Form 214 to reflect 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.
ABCMR Record of Proceedings (cont) AR20130003323
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ABCMR Record of Proceedings (cont) AR20130003323
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