BOARD DATE: 19 September 2013
DOCKET NUMBER: AR20130003365
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 (Report of Separation from Active Duty) to show the ninth digit of his social security number (SSN) as "5" instead of "6."
2. The applicant states his SSN is incorrect on his DD Form 214 and should be corrected. He believes the clerk made a typographical error.
3. The applicant provides copies of:
* His DD Form 214
* Orders relieving him from active duty
* Discharge Certificate
* SSN card
* US Government Motor Vehicle Operators Identification Card
* DD Form 714 (Meal Card)
* MACV Form 333 (Ration Card)
* Discharge Orders from the U.S. Army Reserve
* Discharge Orders from the Standby Reserve
* Certificate awarding the Army Commendation Medal
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 Regular Army on 12 September 1968.
3. The applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File) includes documents which show various SSN's. However, it also contains a DD Form 398 (Statement of Personal History) and DA Form 873 (Certificate of Clearance and/or Security Determination under EO 10450) which list the SSN he claims is correct (xxx-xx-xxx5).
4. On 15 April 1971, the applicant was honorably released from active duty.
Item 3 (SSN) of the applicants DD Form 214 lists the ninth digit of his SSN as "6."
5. The applicant provided his SSN card which shows the ninth digit of his SSN as "5." The applicant also provided the following documents which show the ninth digit of his SSN as 5:
* Orders relieving him from active duty dated 15 April 1971
* US Government Motor Vehicle Operators Identification Card
* DD Form 714
* MACV Form 333
* Certificate awarding the Army Commendation Medal
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. It states that the complete name and SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence confirms the applicant entered active duty and he served under an SSN using the ninth digit of his SSN as "5" as listed on the DD Form 398 and DA Form 873, as corroborated and confirmed by the SSN card provided by the applicant. As a result, it appears the SSN entry on the applicant's DD Form 214 was the result of a typographical error.
2. In view of the foregoing, it would be appropriate to correct his DD Form 214 to show the proper SSN.
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 amending item 3 of his DD Form 214 by replacing the SSN listed with the SSN 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) AR20130003365
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