IN THE CASE OF:
BOARD DATE: 5 November 2014
DOCKET NUMBER: AR20130005244
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) and DD Form 215 (Correction to DD Form 214) to show his social security number (SSN) as "XXX-XX-X9XX" vice "XXX-XX-X7XX."
2. The applicant states the SSN listed on his DD Forms 214 and 215 are incorrect.
3. The applicant provides:
* DD Forms 214 and 215
* birth certificate
* social security card
* Social Security Administration SSN Printout
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 inducted into the Army of the United States on 19 October 1967. His records contain the following documents showing his SSN as
"XXX-XX-X9XX:"
* DD Form 398 (Statement of Personal History), dated 19 October 1967
* DD Form 1584 (National Agency Check Request), dated 17 November 1967
* Headquarters, II Field Force Vietnam, General Orders Number 1571, dated 21 June 1969
* DA Form 41 (Record of Emergency Data), dated 8 October 1969
3. He was honorably released from active duty on 17 October 1969. His DD Form 214 and subsequently-issued DD Form 215 show his SSN as
"XXX-XX-X7XX."
4. The applicant provided a copy of his social security card and a Social Security Administration SSN Printout that verifies his SSN as "XXX-XX-X9XX."
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 398 shows he entered his correct SSN at the time of his induction. It appears his SSN was incorrectly entered on his DD Forms 214 and 215 as a result of an administrative error. Therefore:
* his DD Form 214 should be corrected to reflect his SSN as shown on his DD Form 398
* his DD Form 215, dated 7 December 2012, should be voided and reissued to reflect his SSN as shown on his DD Form 398 in addition to the corrections currently shown
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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:
* replacing the SSN currently shown on his DD Form 214 with the SSN shown on his DD Form 398
* voiding his DD Form 215, dated 7 December 2012, and reissuing a DD Form 215 to reflect his SSN as shown on his DD Form 398 in addition to the corrections currently shown
___________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) AR20130005244
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130005244
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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