IN THE CASE OF:
BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130007824
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 shown on his social security card.
2. The applicant states, in effect, that his SSN was typed incorrectly on his
DD Form 214.
3. The applicant provides copies of his:
* DD Form 214
* Social Security Card
* Department of Veterans Affairs Identification Card
* Medicare Health Insurance Card
* DD Form 256A (Honorable Discharge Certificate), dated 9 May 1971
* Letter Orders discharging him from the U.S. Army Reserve, dated
* 28 April 1971
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 10 May 1965, the applicant was inducted into the Army of the United States. At the time SSNs were not used to identify Soldiers. Instead, each Soldier received a service number.
3. The applicant's DA Form 20 (Enlisted Qualification Record) and his DD Form 398 (Statement of Personal History) both contain the SSN that is shown on his social security card.
4. On 29 April 1967, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows in Item 3 (SSN) a number slightly different from the number listed on his social security card.
5. Army Regulation 635-5 (Separation Documents), then in effect, required the SSN to be entered in Item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his correct SSN.
2. The applicant's DA Form 20 and DD Form 398 both contain the SSN that is shown on his social security card. However, it appears that his SSN was mistyped on his DD Form 214 at the time of his release from active duty. Therefore, his DD Form 214 should be corrected to show the SSN as it is shown on his social security card.
3. The Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
4. In view of the above, the applicants request should be granted.
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 showing in Item 3 of his DD Form 214 the SSN as it is listed 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) AR20130007824
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ABCMR Record of Proceedings (cont) AR20130007824
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