IN THE CASE OF:
BOARD DATE: 6 February 2014
DOCKET NUMBER: AR20130010040
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 "XXX-X8-XXXX" instead of "XXX-X9-XXXX."
2. The applicant states his SSN is incorrect on his DD Form 214 and he is getting ready to retire from his postal service job and needs his DD Form 214 to be correct.
3. The applicant provides:
* self-authored statements
* Notification of Personnel Action
* wage and tax documents
* social security card
* letter from the Social Security Administration, dated 19 April 2013
* 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 inducted into the Army of the United States on 10 April 1968.
3. Special Orders Number 70, issued by the Armed Forces Examining and Entrance Station, Fresno, CA, dated 10 April 1968, show the applicant was inducted on the same date and show his SSN as "XXX-X8-XXXX."
4. His DD Form 47 (Record of Induction) and DA 20 (Enlisted Qualification Record) show his SSN as "XXX-X9-XXXX."
5. His record contains various personnel documents that list his SSN as
"XXX-X8-XXXX." He authenticated several of these documents as required by placing his signature in the appropriate block.
6. On 9 April 1970, the applicant was honorably released from active duty. His DD Form 214 shows his SSN as "XXX-X9-XXXX."
7. He provides a copy of his Social Security Card that lists his name and shows his SSN as "XXX-X8-XXXX."
8. The available records do not include a DA Form 2139 (Military Pay Voucher).
9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Effective 1 February 1967, policy stated the SSN in item 3 of the DD Form 214 was to be transcribed from the Soldier's DA Form 2139.
DISCUSSION AND CONCLUSIONS:
1. It appears the applicant's SSN was incorrectly entered after his induction and this error continued throughout his service. Both SSNs were used during his service. His Social Security Card confirms the requested SSN was issued to him. However, it appears administrative errors occurred during the preparation of his DD Form 214 resulting in the incorrect SSN being entered on his DD Form 214.
2. Therefore, based on the evidence of record and the evidence provided by the applicant, it would be appropriate at this time to correct his DD Form 214 to show the 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 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 to show his SSN as it is 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) AR20130010040
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130010040
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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