BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130004342
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 it is listed on his Social Security Card.
2. The applicant states, in effect, that the SSN on his DD Form 214 is incorrect and does not agree with the number shown on his Social Security Card.
3. The applicant provides copies of his:
* DD Form 214
* Social Security Card
* Letter from the National Personnel Records Center, dated 12 November 2012
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. On 2 September 1966, the applicant was inducted in the Army of the United States using the same SSN as shown on his Social Security Card.
3. The applicant's records contain a copy of his DA Form 20 (Enlisted Qualification Record) that lists his SSN as it is listed on his Social Security Card.
4. A DA Form 2376 (Notification to State Adjutants General of the Release from Active Duty of Obligated Reservist), dated 1 July 1968, shows the applicant's SSN as it is shown on his Social Security Card.
5. On 1 July 1968, the applicant was released from active duty. He was issued a DD Form 214 showing an SSN with the seventh digit different from that shown on his Social Security Card.
6. Army Regulation 635-5 (Separation Documents), then in effect, required the SSN to be entered in Item 3 (SSN) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his SSN as it is listed on his Social Security Card.
2. The evidence of record shows the applicant's SSN was recorded incorrectly on his DD Form 214. The available documents make it clear that he used the SSN that is listed on his Social Security Card during his period of active service. Therefore, his DD Form 214 should be corrected to show his SSN as it is listed on his Social Security Card.
3. The Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
4. In view of the above, the applicants request should be granted.
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 showing in Item 3 of his DD Form 214 the SSN that 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) AR20130004342
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ABCMR Record of Proceedings (cont) AR20130004342
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