IN THE CASE OF:	   

		BOARD DATE:	  25 February 2014

		DOCKET NUMBER:  AR20130010413 


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 (Report of Separation from Active Duty) and DD Form 257A (General Discharge Certificate) to show his social security number (SSN) as 561-XX-XXXX instead of 456-XX-XXXX.

2.  The applicant states the SSN recorded on his Purple Heart award documents is correct; however, the SSN recorded on his discharge documents is incorrect.

3.  The applicant provides copies of his social security card, award documents, and discharge documents.

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 12 February 1969 for a period of 3 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, a DD Form 1584 (National Agency Check Request) prepared at the time of his enlistment processing shows the entry 561-XX-XXXX in the SSN block.

3.  Headquarters, 95th Evacuation Hospital (Surgical Ambulance), General Orders Number 80, dated 25 April 1970, awarded the applicant the Purple Heart.  The orders show his SSN as 561-XX-XXXX.

4.  Headquarters, U.S. Army Training Center, Infantry, Fort Ord, CA, Special Orders Number 174, dated 23 June 1971, discharged the applicant effective 23 June 1971.  The orders show his SSN as 561-XX-XXXX.  However, the DD Form 214 issued at the time shows the SSN 456-XX-XXXX.

5.  On 27 May 1977, the Department of Defense (DOD) Discharge Review Program (Special) (SDRP) upgraded the applicant's discharge to a character of service of under honorable conditions.  Accordingly, his original DD Form 214 was voided and he was issued a new DD Form 214.  Item 3 (SSN) of the DD Form 214 he was issued at that time shows his SSN as 456-XX-XXXX.

6.  On 31 August 1978, the Army Discharge Review Board (ADRB) reviewed the applicant's discharge for upgrade of the characterization of his discharge to fully honorable.  The ADRB determined that his character of service was proper and equitable.  However, the ADRB directed amendment of item 27 (Remarks) of the reissued DD Form 214 to add certain remarks relating to the review.

7.  A DD Form 215 (Correction to DD Form 214) issued on 21 September 1978 corrected item 27 of the applicant's DD Form 214 to show "DISCH[ARGE] REVIEWED UP [UNDER THE PROVISIONS OF] OF PL [PUBLIC LAW] 95-126 AND A DETERMINATION MADE THAT CHARACTERIZATION OF SERVICE WAS WARRANTED UP DOD SDRP 4 APR 77."  The DD Form 215 shows the entry 456-XX-XXXX in the SSN block.

8.  A DD Form 215 issued on 14 July 1980 corrected item 10 (Reenlistment Code) and item 27 of the applicant's DD Form 214 with respect to his reentry eligibility code.  Item 3 (SSN) of the DD Form 215 shows the entry 
456-XX-XXXX.

9.  The applicant provided the following documents:

	a.  a copy of his social security card that shows he was issued SSN 
561-XX-XXXX and

	b.  a DD Form 257A that shows he was discharged from the U.S. Army under honorable conditions on 23 June 1971.  His SSN is shown as 456-XX-XXXX.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contains item-by-item instructions for completing the DD Form 214.  Paragraph 2-7 (Issuing and Reissuing the DD Form 214) provides that once a DD Form 214 has been issued, do not reissue except for the following reasons:

	a.  when directed by proper appellate authority, Executive Order, or by the Secretary of the Army;

	b.  when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215; or

	c.  when two DD Forms 215 have been issued and an additional correction is required.

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 561-XX-XXXX.

2.  Records show the applicant's correct SSN was used throughout his active duty service.  However, an incorrect SSN was entered on the applicant's original DD Form 214.  When his discharge was reviewed and upgraded, he was issued a new DD Form 214 with this incorrect SSN.  Two DD Forms 215 that were issued to correct the reissued DD Form 214 also contained this incorrect SSN.

3.  The evidence of record shows that when two DD Forms 215 have been issued and an additional correction to the DD Form 214 is required, the DD Form 214 will be reissued.

4.  Therefore, in view of the foregoing, it would be appropriate to correct the applicant's discharge documents as recommended below.



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:

	a.  voiding his current, reissued, DD Form 214 with an effective date of 23 June 1971, along with the two DD Forms 215 that were issued on 21 September 1978 and 14 July 1980;

	b.  reissuing him a new DD Form 214 to show the SSN as shown on his discharge orders, along with all other information recorded on the above three voided documents; and

	c.  issuing him a new DD Form 257A to show the SSN as shown on his discharge orders and showing he was discharged under honorable conditions on 23 June 1971.




      _____________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)                                         AR20130010413



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ABCMR Record of Proceedings (cont)                                         AR20130010413



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