IN THE CASE OF:
BOARD DATE: 20 February 2014
DOCKET NUMBER: AR20130010327
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 xx0-xx-xxxx instead of xx3-xx-xxxx.
2. The applicant states the SSN recorded on his DD Form 214 is incorrect.
3. The applicant provides a copy of his Social Security card and 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 enlisted in the Regular Army on 27 September 1967 for a period of 2 years. At the time of the applicant's enlistment, 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 10 May 1967, shows he entered xx0-xx-xxxx in the SSN block.
3. On 8 July 1969, 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 xx3-xx-xxxx.
4. Office of The Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 07-1194940, dated 18 July 1973, shows the applicant was honorably discharged from the USAR effective 1 August 1973. The orders show his SSN as xx0-xx-xxxx.
5. In support of his application the applicant provides a copy of his Social Security card that shows he was issued SSN xx0-xx-xxxx.
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 enlistment processing, his SSN was recorded in his military records as xx0-xx-xxxx.
2. Records 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 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 deleting the current entry from item 3 of his DD Form 214 and replacing it with the Social Security Number as 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) AR20130010327
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