IN THE CASE OF:
BOARD DATE: 6 February 2014
DOCKET NUMBER: AR20130010645
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-XX-XX29" instead of "XXX-XX-XX90."
2. He states the SSN shown on his DD Form 214 is incorrect.
3. He provides his DD Form 214 and 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. The applicant was inducted into the Army of the United States on 19 October 1965. At the time of induction he was assigned a military service number that was primarily used for identification purposes. The majority of the documents contained in his records during his induction show his assigned military service number; however, his records contain a DA Form 41 (Record of Emergency Data), witnessed on 21 November 1966, showing an SSN of "XXX-XX-XX29."
3. On 29 September 1967, he was honorably released from active duty. His Army Personnel Data Review sheet, dated 29 December 1967, shows his SSN as "XXX-XX-XX29."
4. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-XX90."
5. His social security card shows his SSN as "XXX-XX-XX29."
6. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
It appears the applicant's service number was used throughout his period of enlisted service. However, his DA Form 41 and social security card confirm his SSN as "XXX-XX-XX29." Therefore, he is entitled to correction of his DD Form 214 to show this SSN.
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 amending his DD Form 214 to show his SSN as it appears 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) AR20130007728
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130010645
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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