IN THE CASE OF:
BOARD DATE: 11 March 2014
DOCKET NUMBER: AR20130012604
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-X31X" instead of "XXX-XX-X13X."
2. The applicant states the last four digits of his SSN are incorrect.
3. The applicant provides a copy of his DD Form 214, with a copy of his social security card transposed over the top of the form.
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 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. On 11 August 1965, the applicant was inducted into the Army of the United States. His DD Form 47 (Record of Induction) identifies his service number; his SSN does not appear on this form.
3. On 16 August 1965, his DA Form 20 (Enlisted Qualification Record) was created. This document identifies his SSN as "XXX-XX-X31X." He authenticated this form by placing his signature in the appropriate block.
4. On 18 August 1965, he completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as "XXX-XX-X31X." He authenticated this form by placing his signature in the appropriate block.
5. On 14 May 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-X13X."
6. The documents contained within his DA Form 201 (Military Personnel Records Jacket) identify him by his service number, with the exception of the two documents listed above. His record does not contain any documents that show his SSN as "XXX-XX-X13X," with the exception of his DD Form 214.
7. He provides his social security card that shows his SSN as "XXX-XX-X31X."
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate, reflective of the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his SSN as "XXX-XX-X31X" instead of "XXX-XX-X13X."
2. The applicant primarily used his service number throughout his period of active service; however, the evidence of record does show he was identified by SSN "XXX-XX-X31X" on at least two occasions during his period of military service.
3. He submitted his social security card to establish his correct SSN. It appears his SSN is incorrectly listed on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show his SSN as it is listed 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 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 by deleting the current SSN and adding the SSN 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) AR20100016576
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130012604
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