IN THE CASE OF:
BOARD DATE: 20 February 2014
DOCKET NUMBER: AR20130010655
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 military service records to show his Social Security Number (SSN) as xx2-xx-xxxx instead of xx7-xx-xxxx.
2. The applicant states the SSN recorded in his military records is incorrect.
3. The applicant provides a copy of his 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 enlisted in the U.S. Army Reserve (USAR) on 7 March 1966 for a period of 6 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.
3. On 9 January 1967, the applicant was ordered to 26 weeks of active duty for training (ADT). His DD Form 4 (Enlistment Record), item 37 (Remarks) lists his SSN as xx7-xx-xxxx.
4. On 8 May 1967, he was honorably released from ADT and transferred to the USAR Control Group (Ready Reserve) to complete his Reserve obligation. Item 3 (SSN) of the DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge) that he was issued at the time shows his SSN as
xx7-xx-xxxx.
5. A DA Form 41 (Record of Emergency Data), completed by the applicant on
14 November 1971, shows he entered his SSN as xx2-xx-xxxx, he signed the form, and a witness also placed his signature on the form.
6. A Request for Discharge - Expiration Term of Service (5AA Form 375), dated
23 January 1972, shows the applicant requested discharge from the USAR. It also shows the applicant's SSN as xx2-xx-xxxx and both the applicant and his commanding officer placed their signatures on the form.
7. Headquarters, Fifth U.S. Army, Fort Sam Houston, TX, Letter Orders Number 2-1736, dated 24 February 1972, honorably discharged the applicant from the USAR, effective 29 February 1972. The orders show his SSN as xx7-xx-xxxx.
8. In support of his application the applicant provides a copy of his Social Security card that shows he was issued SSN xx2-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, an SSN was recorded in his military records as xx7-xx-xxxx. Then, at some point during the period of his enlistment, the applicant entered his correct SSN in his military records.
2. Records show that both SSNs were used during the period of the applicant's military service. However, an incorrect SSN was entered on the applicant's
DD Form 214 when he was transferred to the USAR and on his discharge orders.
3. Therefore, it would be appropriate to correct the applicant's military service records to show the SSN as it is 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:
a. deleting the current entry from item 3 of his DD Form 214 and replacing it with the SSN that is listed on his Social Security card; and
b. amending Headquarters, Fifth U.S. Army, Fort Sam Houston, TX, Letter Orders Number 2-1736, dated 24 February 1972, to show his Social Security Number 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) AR20130010655
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ABCMR Record of Proceedings (cont) AR20130010655
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