BOARD DATE: 6 March 2014
DOCKET NUMBER: AR20130012365
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-9XXX" instead of "XXX-XX-4XXX."
2. The applicant states the record is incorrect.
3. The applicant provides a copy of his DD Form 214 and MEDICARE Health Insurance 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 11 October 1966.
3. Item 13 (Employment - SSN) of his DD Form 398 (Statement of Personal History), completed at the time of his induction processing, lists his SSN as
"XXX-XX-9XXX."
4. Several additional documents in the applicant's record bearing his last name and SSN show the last name and SSN he claims is correct.
5. Special Orders Number 197, issued by Headquarters, U.S. Army Personnel Center, Oakland, CA, dated 15 July 1968, which reassign him to the U.S. Army Reserve (USAR) Control Group (Annual Training), list his SSN as
"XXX-XX-9XXX."
6. On 15 July 1968, the applicant was honorably released from active duty and transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-4XXX."
7. On 10 October 1972, he was honorably discharged from the Standby Reserve. Letter Orders Number 09-1376875, issued by the USAR Personnel Center, St. Louis, MO, dated 20 September 1972, also list his SSN as "XXX-XX-9XXX."
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as he requests was carefully considered and determined to have merit.
2. The applicant's SSN appears as "XXX-XX-9XXX" on the vast majority of the documents contained in his records to include the reassignment orders which were prepared shortly before he was transferred to the USAR. As a result, it would be appropriate to correct his DD Form 214 to show his SSN as shown on Special Orders Number 197, dated 15 July 1968.
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 SSN as shown on Special Orders Number 197, dated 15 July 1968.
_________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) AR20130012365
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ABCMR Record of Proceedings (cont) AR20130012365
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