IN THE CASE OF:
BOARD DATE: 11 February 2014
DOCKET NUMBER: AR20130009544
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the second digit of his social security number (SSN) as "3."
2. The applicant states, in effect, his DD Form 214 incorrectly reflects the second digit of his SSN as "9" instead of "3."
3. The applicant provides copies of his DD Form 214, DD Form 215 (Correction to DD Form 214), driver's license, and 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 was inducted into the Army of the United States on 12 May 1966. At the time of his induction, he provided and his records were constructed using the SSN reflected on his social security card.
3. On 10 May 1968, he was honorably released from active duty. His DD Form 214 shows the second digit of his SSN as "9" which is not reflected in his records during any period of his service.
4. The applicants social security card shows the second digit of his SSN as 3.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows the applicant served under the SSN shown on his social security card.
2. Accordingly, it is reasonable to presume that an administrative error occurred at the time his DD Form 214 was prepared.
3. Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as it is reflected 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 the current SSN from his DD Form 214 and entering the SSN 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) AR20130009544
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