IN THE CASE OF:
BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130015339
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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his SSN as XXX-XX-XX69 vice XXX-XX-XX61.
2. He states the SSN on his DD Form 214 is incorrect.
3. He provides his:
* DD Form 214
* 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's records show he was inducted into the Army of the United States on 14 November 1966.
3. A thorough review of his records show he used the SSN XXX-XX-XX69 the entire time he was in an active duty status. These documents include various orders.
4. He was released from active duty on 13 November 1968. His DD Form 214 shows in item 3 XXX-XX-XX61.
5. He provides a copy of his social security card which shows his SSN as
XXX-XX-XX69.
6. 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 service. 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:
According to the available evidence the SSN shown on the applicant's DD Form 214 does not reflect the SSN under which he served. His social security card also matches the SSN under which he served. Therefore, he is entitled to correction of his DD Form 214 to show the SSN 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 deleting the entry in item 3 of his DD Form 214 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) AR20130015339
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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