IN THE CASE OF:
BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130009217
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) for the period ending on 1 July 1969 to show his social security number (SSN) as xxx-x8-xxxx instead of
xxx-x3-xxxx.
2. He states the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides:
* his DD Forms 214 for the period ending 15 March 1967 and 1 July 1969
* 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 enlisted in the Regular Army on 21 February 1966. On
15 March 1967, he was honorably discharged to accept a commission in the U.S. Army Reserve, which was accomplished on the following day with concurrent call to active duty.
3. On 1 July 1969, he was honorably released from active duty at the expiration of his active duty commitment. The DD Form 214 he was issued at the time shows his SSN as xxx-x3-xxxx.
4. The majority of the documents in his record that contain an SSN show his SSN as xxx-x8-xxxx. These documents include:
* DD Form 398 (Statement of Personal History)
* DA Form 428 (Application for Identification Card)
* Various orders
5. His Social Security card shows his SSN as xxx-x8-xxxx. Additionally, his
DD Form 214 for the period ending 15 March 1967 shows his SSN as
xxx-x8-xxxx.
6. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's previous DD Form 214, DD Form 398, DA Form 428, and Social Security card confirm his SSN as xxx-x8-xxxx. It appears that during the processing of his DD Form 214 for the period ending 1 July 1969 an administrative error occurred that resulted in an incorrect SSN being entered.
2. In view of the foregoing, it would be appropriate at this time to correct his DD Form 214 for the period ending 1 July 1969 to show his SSN as shown 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 correcting his DD Form 214 for the period ending 1 July 1969 to show his SSN as it appears 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) AR20130009217
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ABCMR Record of Proceedings (cont) AR20130009217
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