IN THE CASE OF:
BOARD DATE: 31 October 2013
DOCKET NUMBER: AR20130004762
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 item 3 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the first three digits of his Social Security Number (SSN) as 285.
2. The applicant states that his DD Form 214 incorrectly reflects the first three digits of his SSN as 258 instead of 285.
3. The applicant provides a copy 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 was serving in the Ohio Army National Guard (OHARNG) when he was ordered to active duty training (ACDUTRA) on 22 February 1967. He completed his ACDUTRA and was honorably released from ACDUTRA at Fort Ord, California on 11 July 1967. His DD Form 214 issued at the time of his release reflects in item 3 the first three digits of his SSN as 258.
3. A review of his official records shows that his SSN is only recorded on his
DD Form 214. There are no other documents contained in his records which contain his SSN.
4. 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.
5. 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. Inasmuch as the applicants records do not show that his SSN is recorded on any documents other than his DD Form 214 and since the SSN was not used as a means of identification until well after his release from ACDUTRA, it is presumed that the applicant provided the correct SSN to officials who prepared his DD Form 214 at the time of his release.
2. Accordingly, it is reasonable to presume that an administrative error (typographical error) occurred at the time his DD Form 214 was prepared.
3. Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as it 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 deleting the SSN that is contained on his DD Form 214 and entering 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) AR20130004762
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ABCMR Record of Proceedings (cont) AR20130004762
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