BOARD DATE: 31 December 2013
DOCKET NUMBER: AR20130007744
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) with an effective date of 2 March 1971 to show the last numeral of his social security number (SSN) as a "4" instead of a "5."
2. The applicant states the SSN shown on his DD Form 214 and his discharge certificate is incorrect.
3. The applicant provides his:
* DD Form 214
* Honorable Discharge Certificate, dated 1 March 1975
* 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. On 3 March 1969, he was inducted into the Army of the United States. Item 17c (Remarks) of his DD Form 47 (Record of Induction) shows his SSN with the last numeral as a "4."
3. His induction orders show his SSN with the last numeral as a "4."
4. His DA Form 20 (Enlisted Qualification Record) shows his SSN with the last numeral as a "4."
5. Documents throughout his Military Personnel Records Jacket (MPRJ) identify him using his SSN with the last numeral as a "4."
6. His orders separating him from active duty show his SSN with the last numeral as a "4."
7. On 2 March 1971, he was released from active duty. Item 3 (SSN) shows his SSN with the last numeral as a "5."
8. His Honorable Discharge Certificate, dated 1 March 1975, shows his SSN with the last numeral as a "5."
9. The social security card provided by the applicant shows his SSN with the last numeral as a "4." The card was issued on 28 February 2012.
10. 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 at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. Entries on his DD Form 47, induction orders, orders for release from active duty, and documents throughout his MPRJ show his SSN with the last numeral as a "4." There was clearly a typographical error when his SSN was entered on his DD Form 214 with an effective date of 2 March 1971. Therefore, it is appropriate to correct item 3 of his DD Form 214 to show his SSN as it is shown on his social security card.
2. His SSN as shown on his Honorable Discharge Certificate is clearly in error. Therefore, it would be appropriate to reissue him an Honorable Discharge Certificate with an effective date of 1 March 1975.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X___ __X______ ___X_____ 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:
a. deleting the SSN from item 3 of his DD Form 214 with an effective date of
3 March 1971 and adding the SSN as it is shown on his social security card; and
b. reissuing him an Honorable Discharge Certificate with an effective date of
1 March 1975 with the SSN as it is 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) AR20130007744
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