IN THE CASE OF:
BOARD DATE: 19 November 2013
DOCKET NUMBER: AR20130005533
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-XX-XXX4" vice "XXX-XX-XXX0."
2. He states the SSN on his DD Form 214 is incorrect.
3. He provides no additional documents.
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 records show he enlisted in the Regular Army on
14 October 1963 and he was assigned an Army service number.
3. His record contains a DD Form 41 (Record of Emergency Data), dated
27 April 1966, which shows his SSN as "XXX-XX-XXX4."
4. He was released from active duty on 13 October 1966. His DD Form 214 shows his SSN as XXX-XX-XXX0.
5. His record also contains a USAR Personnel Data Review sheet, dated February 1967, which shows his SSN was corrected to show SSN "XXX-XX-XXX4."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
A thorough review of the applicant's official records shows he used SSN
XXX-XX-XXX4 during his period of service. Therefore, he is entitled to correction of his DD Form 214 to show this SSN.
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 deleting the SSN entry from his DD Form 214 and adding the SSN as it is listed on his Record of Emergency Data.
_____________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) AR20130005533
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ABCMR Record of Proceedings (cont) AR20130005533
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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