IN THE CASE OF:
BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130004142
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 show the Social Security Number (SSN) that is reflected on his Social Security Card.
2. The applicant states, in effect, that the SSN reflected on his DD Form 214 incorrectly reflects 47 as the fourth and fifth digits and should reflect 66 instead.
3. The applicant provides copies of his Social Security Card, Birth Certificate, 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 enlisted in the Regular Army on 29 October 1965 for a period of 3 years and training as an engineer heavy equipment operator and maintainer. He completed his basic training at Fort Polk, Louisiana and his advanced individual training at Fort Leonard Wood, Missouri and was transferred to Fort Belvoir, Virginia for his first duty assignment.
3. On 24 March 1967, he was transferred to Vietnam with his unit and served there until 20 March 1968 when he was transferred to Toole Army Depot, Utah where he remained until he was honorably released from active duty (REFRAD) on 28 October 1968 due to the expiration of his term of service (ETS). His DD Form 214 issued at the time of his REFRAD shows his SSN in block 3 as having the fourth and fifth digits of 47.
4. A review of his official records shows that the SSN that is reflected on his DD Form 214 is contained on most of the documents in his records. However, there are two documents in his records that contain the SSN that is reflected on his Social Security Card, his DA Form 41(Record of Emergency Data) and Army Commendation Medal orders.
5. On 1 July 1969, the Army discontinued the issuance and use of the military 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 record; however, they were usually recorded when provided by the 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 applicants official records contain documents which show that at some point during his active duty service he used the SSN that is reflected on his Social Security Card.
2. Accordingly, his DD Form 214 should be corrected to reflect the SSN that is contained 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 deleting from item 3 of his DD Form 214 the SSN entry of "xxx-47-xxxx" and replacing it with the SSN as shown 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) AR20130004142
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