IN THE CASE OF:
BOARD DATE: 25 February 2014
DOCKET NUMBER: AR20130009677
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) shown on his DD Form 214 (Report of Separation from Active Duty) to list the 2nd and 3rd digits as "56."
2. He states his DD Form 214 incorrectly lists "65" as the 2nd and 3rd digits of his SSN.
3. The applicant provides:
* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
* his DD Form 214
* 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. On 2 July 1969, the applicant enlisted in the Regular Army. The DD Form 4 (Enlistment Contract - Armed Forces of the United States) completed at that time lists his SSN with "65" as the 2nd and 3rd digits.
3. His record contains the following documents that all list "56" as the 2nd and 3rd digits of his SSN:
* Statement of Personal History
* Report of Medical Examination
* National Agency Check Request
4. He was discharged on 19 April 1971. Item 3 (SSN) of his DD Form 214 lists "65" as the 2nd and 3rd digits of his SSN.
5. The applicant provided his Social Security card that lists "56" as the 2nd and 3rd digits of his SSN.
DISCUSSION AND CONCLUSIONS:
A majority of the documents in his personnel record correctly list his SSN with "56" as the 2nd and 3rd digits. However, it appears that upon his enlistment in the Regular Army his SSN was incorrectly listed and was later transcribed to his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show the SSN 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 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 replacing the SSN entered on his DD Form 214 with 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) AR20130009677
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ABCMR Record of Proceedings (cont) AR20130009677
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