IN THE CASE OF:
BOARD DATE: 26 November 2014
DOCKET NUMBER: AR20130006716
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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "119-XX-XXXX", as it is shown on the social security card he provides.
2. The applicant states when he was 15 years of age the Social Security Office issued him an SSN. A couple of years later, he lost his social security card and he was issued a new card with a completely different SSN. When he enlisted in the U.S. Army, he used the second card number thinking it was the correct SSN.
3. The applicant provides:
* a letter
* 2 DD Forms 214
* a Form SSA-2458 (Report of Confidential Social Security Benefit Information)
* a 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 enlisted in the Regular Army on 24 May 1978. Item 2 (SSN) of his DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States) shows his SSN as "080-XX-XXXX."
3. On 21 May 1981, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. Item 3 (SSN) of his DD Form 214 shows his SSN as "080-XX-XXXX." However, the SSN entry has been lined out and replaced with a pen and ink SSN entry of "119-XX-XXXX."
4. His record contains a DA Form 4187 (Personnel Action), dated 18 August 1984, which shows he requested his official records be corrected to reflect his SSN as "119-XX-XXXX." The request further states that when he was discharged from the U.S. Army and was applying for unemployment benefits, he was informed that the SSN he was using was not in existence. The DA Form 4187 was verified and recommended for approval by his commander.
5. His record contains Orders 44-172, issued by Headquarters, 77th USAR Command, Fort Totten, NY, dated 21 November 1986, which lists his SSN as "119-XX-XXXX."
6. On 4 May 1990, he was honorably discharged from the Ready Reserve. Orders D-05-034756, issued by the USAR Personnel Center, St. Louis, MO, dated 2 May 1990, also lists his SSN as "119-XX-XXXX."
7. The applicant provides a copy of his social security card that lists his SSN as "119-XX-XXXX." He also provides a document from the Social Security Administration that states SSN "080-XX-XXXX" is not valid and has never been assigned.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as shown on his social security card was carefully considered and determined to have merit.
2. The applicant's SSN appears as "119-XX-XXX" on his reassignment orders and on orders which were prepared shortly before he was honorably discharged from the USAR. As a result, it would be appropriate to correct his DD Form 214 to show his SSN as shown 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 current entry from item 3 of his DD Form 214 and replacing it with the SSN as shown 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) AR20130006716
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ABCMR Record of Proceedings (cont) AR20130006716
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