BOARD DATE: 31 October 2013
DOCKET NUMBER: AR20130006125
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 social security number (SSN).
2. The applicant states the incorrect SSN is listed on his DD Form 214 (Report of Separation from Active Duty).
3. The applicant provides a copy of his
* DD Form 214
* SSN 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 enlisted in the Army National Guard on 10 February 1975. He was ordered to active duty for training during the period 20 June 1975 through 17 October 1975. He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 17K (Ground Surveillance Radar Crewman.
3. The applicant's records include documents which show various SSN's. However, it also contains a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) and DA Form 2-1 (Personnel Qualification Record) which list the SSN he claims is correct (xx4-x2-9xxx).
4. On 17 October 1975, the applicant was honorably released from active duty training. Item 3 (SSN) of his DD Form 214 lists the third digit of his SSN as "3," the fifth digit as 6, and the sixth digit as 4.
5. The applicant provided his SSN card which shows the third digit of his SSN as "4," the fifth digit as 2, and the sixth digit as 9.
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. This regulation establishes standardized policy for the preparation of the DD Form 214. It states that the complete name and SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence confirms the applicant entered active duty and he served under an SSN using the third digit of his SSN as "4," the fifth digit as 2, and the sixth digit as 9 as listed on the DA Form 2-1, as corroborated and confirmed by the SSN card provided by the applicant. As a result, it appears the SSN entry on the applicant's DD Form 214 was the result of a typographical error.
2. In view of the foregoing, it would be appropriate to correct his DD Form 214 to show the proper SSN.
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 amending item 3 of his DD Form 214 by replacing the SSN listed with the SSN as shown on his SSN 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) AR20130006125
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130006125
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