IN THE CASE OF:
BOARD DATE: 1 April 2014
DOCKET NUMBER: AR20130014197
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 X9X-XX-XXXX vice X5X-XX-XXXX.
2. The applicant states the SSN on his DD Form 214 is not correct; his SSN has a 9 as the second digit and not a 5.
3. The applicant provides his DD Form 214 and 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 was inducted into the Army of the United States on 9 September 1966. His DD Form 47 (Record of Induction) shows only his service number (SN) and not his SSN.
3. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows only his SN and not his SSN.
4. His record contains a DA Form 41 (Record of Emergency Data), dated 9 September 1966, and a DA Form 3027 (U.S. Army Request for National Agency Check), dated 13 September 1966, that show his SSN with the second digit as 9.
5. His record contains several orders, personnel, and medical documents, that all show his SSN with the second digit as 9.
6. Special Orders Number 134, dated 13 May 1968, issued by Headquarters, U.S. Army Support Command - Qui Nhon, Vietnam, reassigned him to the U.S. Army Transfer Station, Fort Lewis, WA, for release from active duty on 10 July 1968. These orders show his SSN with the second digit as 5.
7. He was honorably released from active duty on 10 July 1968 and transferred to the U.S. Army Reserve.
8. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the second digit as 5.
9. The applicant provides his social security card wherein it shows he has an SSN as shown on his DA Form 41 with the second digit as 9.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant listed his SSN with the second digit as 9 when he entered active duty. This is the SSN that he used throughout his military service. It appears an administrative error occurred when his separation orders were prepared listing his SSN with the second digit as 5. This error was compounded when his DD Form 214 was prepared with the same incorrect SSN. Therefore, it would be appropriate at this time 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 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 amending his DD Form 214 by deleting the SSN shown in item 3 and replacing it with SSN X9X-XX-XXXX as shown 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) AR20130014197
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ABCMR Record of Proceedings (cont) AR20130014197
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