IN THE CASE OF:
BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130015252
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-xxx5.
2. The applicant states the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides copies of his Social Security card and his DD Form 214.
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. On 15 April 1972, the applicant completed a DD Form 398 (Statement of Personal History). He listed his SSN as "xxx-xx-xxx6."
3. The applicant enlisted in the Regular Army on 17 April 1972. His DD Form 4 (Enlistment Contract) shows the same SSN as shown on his DD Form 398.
4. On 11 June 1975, the applicant declined a separate document explaining the narrative reason for his separation from the Army, a narrative description of the authority for his separation, and a reenlistment code. On the declination, his SSN is shown as "xxx-xx-xxx6." However, the number "6" was changed in ink to the number "5."
5. On 16 June 1975, a DA Form 2 (Personnel Qualification Record Part I) was prepared on the applicant. This form shows his SSN as "xxx-xx-xxx5."
6. The applicant was honorably released from active duty on 17 June 1975. Item 3 (Social Security Number) of the DD Form 214 he received shows his SSN as "xxx-xx-xxx6."
7. The applicant provides a copy of his Social Security card that shows the same SSN as shown on his DA Form 2.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. His DA Form 2 shows the same SSN as shown on the Social Security card he provided.
3. It is unclear how two different SSN were recorded in the applicant's AMHRR. However, the SSN shown on his DD Form 214 and the SSN shown on his Social Security card he provided are different.
4. In view of the foregoing, it would be appropriate at this time to correct the applicant's DD Form 214 to show his SSN as 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 amending item 3 on his DD Form 214 to show his SSN 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) AR20130015252
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130015252
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