IN THE CASE OF:
BOARD DATE: 2 January 2014
DOCKET NUMBER: AR20130008394
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 the social security number (SSN) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the SSN on his DD Form 214 is incorrect.
3. The applicant provides a copy of Social Security Card issued with his name
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 on 29 December 1966. At that time, Soldiers were assigned Army service numbers.
3. His record contains the following documents showing the SSN as shown on his Social Security Card, the number he claims is correct:
* AE Form 2183 (Enlisted Personnel Data), dated 29 September 1969
* DA Form 20 (Enlisted Qualification Record)
4. He was discharged under honorable conditions on 29 October 1969.
5. His record contains the following documents showing the SSN he claims is incorrect:
* Special Orders 302, Headquarters, U.S. Army Personnel Center, Fort Dix, New Jersey, dated 27 April 1971
* DD Form 214
6. The applicant provides a copy of a Social Security Card that shows his name and the SSN he claims is correct.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, 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.
DISCUSSION AND CONCLUSIONS:
The applicant's record contains documents that show he used the SSN that is listed on his Social Security Card during his period of active service. It appears an administrative error occurred resulting in the incorrect SSN being listed his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as it is listed 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 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 from item 3 of his DD Form 214 the current SSN entry and replacing it with the SSN 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) AR20130008394
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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