IN THE CASE OF:
BOARD DATE: 14 January 2014
DOCKET NUMBER: AR20130008632
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 XX3-XX-XXXX vice XX5-XX-XXXX.
2. The applicant states the SSN on his DD Form 214 is not correct. The correct SSN should have a "3" as the third digit and not a "5." He believes the error occurred when he was discharged from active duty.
3. The applicant provides his DD Form 214.
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 was ordered to active duty as a member of his Army National Guard (ARNG) unit and he entered active duty on 15 October 1961.
3. His DA Form 24 (Service Record) created upon his entry on active duty shows his SSN with the third digit as "5."
4. His record contains numerous orders, personnel, and legal documents that show his assigned service number and not his SSN.
5. His record contains a DA Form 664 (Serviceman's Statement Concerning Application for Compensation from The Veterans Administration), dated 9 August 1962, wherein it shows his SSN with the third digit as "3." He authenticated this form by placing his signature in the appropriate block on that date.
6. On 9 August 1962, he was honorably released from active duty to the control of the ARNG.
7. Item 32 (Remarks) of the DD Form 214 he was issued shows his SSN with the third digit as "5."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant listed his SSN with the third digit as "3" during his active duty service. It appears an administrative error occurred when his DA Form 24 was prepared listing his SSN with the third digit as "5." This error was compounded when his DD Form 214 was prepared with the same incorrect SSN. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his SSN as it is listed on his DA Form 664.
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 amending his DD Form 214 by deleting the SSN shown in item 32 and replacing it with SSN XX3-XX-XXXX as shown on his DA Form 664.
_______ _ 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) AR20130008632
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ABCMR Record of Proceedings (cont) AR20130008632
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