IN THE CASE OF:
BOARD DATE: 14 January 2014
DOCKET NUMBER: AR20130007964
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 (Report of Separation from Active Duty) to show his social security number (SSN) as "X50-90-XX6X" instead of "X51-09-XX5X."
2. The applicant states the incorrect SSN is shown on his DD Form 214.
3. The applicant provides a copy of his 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 completed a DD Form 398 (Statement of Personal History) in connection with his enlistment in the Regular Army and listed his SSN as
"X51-09-XX5X" (he recorded the number "5" as the eighth digit).
3. He enlisted in the Regular Army for 3 years on 29 September 1971. His DD Form 4 (Enlistment Contract Armed Forces of the United States) listed his SSN as "X51-09-XX5X."
4. The DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his SSN as listed his SSN as "X51-09-XX5X." This document also shows corrected entries of "X51-90-XX6X" and "X51-90-XX6X."
5. On 1 September 1972, the applicant's immediate commander issued a DA Form 2496 (Disposition Form) informing the Personnel Officer, Fort Benning, GA, of an SSN change pertaining to the applicant. The form stated his SSN should be changed from "X51-09-XX5X" to "X51-90-XX6X."
6. On 20 September 1972 after a certification of the applicant's correct SSN, Headquarters, 197th Infantry Brigade, Fort Benning, GA, authorized a correction to the applicant's DD Form 4 to show his SSN as " X51-90-XX6X."
7. His service records contain a corrected DD Form 4 showing the SSN
"X51-09-XX5X" lined through and the SSN "X51-90-XX6X" handwritten above it.
8. His records contain several documents listing his SSN as "X51-09-XX5X" prior to the SSN certification and several others listing it as "X51-90-XX6X" after the SSN certification.
9. He was honorably released from active duty on 1 October 1974. Item 3 (SSN) of his DD Form 214 shows his SSN as "X51-09-XX5X." He authenticated this form with his signature.
10. He submitted a copy of his social security card that shows his SSN as
"X51-90-XX6X."
11. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. 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 available evidence shows the applicant listed his SSN as "X51-09-XX5X" upon his enlistment in the Regular Army. This SSN is consistent with the SSN shown on several documents in his military records.
2. However, after his entry on active duty, his chain of command conducted a verification of the SSN he listed. This led to a correction of his SSN in official Army records. His SSN was changed from "X51-09-XX5X" to "X51-90-XX6X" as a result.
3. His military records contain several documents that reflected the verified SSN.
This SSN is also consistent with the SSN shown on the social security card he provides. It appears the incorrect SSN was listed on his DD Form 214 during the preparation process as a result of an administrative error. Therefore, his DD Form 214 should be corrected to show his SSN as "X51-90-XX6X."
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 current SSN 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) AR20130007964
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ABCMR Record of Proceedings (cont) AR20130007964
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