IN THE CASE OF:
BOARD DATE: 18 February 2014
DOCKET NUMBER: AR20130010208
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 Unites States Report of Transfer or Discharge) to show his Social Security Number (SSN) as xxx-xx-x8xx instead of xxx-xx-x9xx.
2. The applicant states the SSN recorded on his DD Form 214 is incorrect.
3. The applicant provides copies of his Social Security Card, discharge documents, and a Department of Veterans Affairs (VA) letter.
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 3 June 1965. At the time of the applicant's induction, the U.S. Armed Forces did not use the SSN for identification; he was issued a service number. However, the applicant's DD Form 398 (Statement of Personal History), prepared by him on
3 June 1965, shows he entered xxx-xx-x8xx in the SSN block.
3. On 19 May 1967, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).
Item 3 (SSN) of the DD Form 214 he was issued at the time shows his SSN as xxx-xx-x9xx.
4. Office of The Adjutant General, U.S. Army Administration Center, St. Louis, MO, Letter Orders Number 04-1061747, dated 21 April 1971, show the applicant was honorably discharged from the USAR effective 30 April 1971. These orders show his SSN as xxx-xx-x8xx.
5. In support of his application the applicant provides the following documents:
a. a copy of his Social Security Card that shows he was issued SSN
xxx-xx-x8xx;
b. DD Form 256A (Honorable Discharge Certificate) that shows he was honorably discharged from the U.S. Army on 30 April 1971 and his SSN is shown as xxx-xx-x8xx; and
c. VA Regional Office, Detroit, MI, letter, dated 14 March 2013, that shows his SSN as xxx-xx-x9xx.
DISCUSSION AND CONCLUSIONS:
1. The U.S. Army was not using the SSN for identification purposes at the time the applicant enlisted. However, at the time of his induction his SSN was recorded in his military records as xxx-xx-x8xx.
2. The available evidence show the applicant's correct SSN was used throughout his active duty and Reserve service. However, an incorrect SSN was entered on the applicant's DD Form 214 when he was transferred to the USAR.
3. Therefore, it would be appropriate to correct the applicant's 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 deleting the current entry from item 3 of his DD Form 214 and adding the SSN as it is listed 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) AR20130010208
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ABCMR Record of Proceedings (cont) AR20130010208
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