IN THE CASE OF:
BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20130003758
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-50-XXXX."
2. The applicant states the SSN recorded on his DD Form 214 is incorrect. It shows his SSN as "XXX-60-XXXX." According to his social security card his SSN is "XXX-50-XXXX." He did not notice it was wrong until he completed a conceal and carry application.
3. The applicant provides copies of his DD Form 214 and 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 applicant's military records show he was inducted into the Army of the United States (AUS) on 3 March 1966. At the time of his induction he was assigned and identified by a service number which began with the prefix "US" for United States.
3. His record contains:
* DD Form 47 (Record of Induction), dated 3 March 1966, which does not list an SSN
* DA Form 41 (Record of Emergency Data), dated 3 March 1966, which lists his SSN as "XXX-59-XXXX"
* DA Form 20 (Enlisted Qualification Record), dated 18 August 1966, which lists his SSN as "XXX-59-XXXX"
* DD Form 398 (Statement of Personal History), dated 10 November 1966, which does not list an SSN
4. On 13 February 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). Item 3 (SSN) of his DD Form 214 lists his SSN as "XXX-60-XXXX."
5. He was honorably discharged from the USAR on 2 March 1972. His discharge orders lists his SSN as "XXX-50-XXXX."
6. He provides a copy of his social security card which lists his SSN as
"XXX-50-XXXX."
7. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated to transcribe SSN from the Soldier's service record for item 3.
DISCUSSION AND CONCLUSIONS:
The available evidence shows at the time of the applicant's induction into the AUS he was assigned and identified by a service number. However, his DA Form 41 and DA Form 20 list his SSN as "XXX-59-XXXX," which may have been a mere administrative error. His USAR discharge orders list the SSN he states is correct and requests to be shown on his DD Form 214. The USAR discharge order is accepted as sufficient evidence to correct his DD Form 214 to show his SSN as "XXX-50-XXXX."
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ____x___ 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 the applicant's DD Form 214 and replacing it with the SSN as 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) AR20130003758
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ABCMR Record of Proceedings (cont) AR20130003758
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