IN THE CASE OF:
BOARD DATE: 29 April 2014
DOCKET NUMBER: AR20130015724
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 that the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to XXX-XX-XXX6.
2. He states a typographical error was made on his DD Form 214 on or about
4 September 1969.
3. He provides his DD Form 214; U.S. Passport; and Special Orders Number 166, dated 28 August 1969, issued by Headquarters, Personnel Center, U.S. Army Garrison Troop Command, Fort Bragg, NC.
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 DD Form 398 (Statement of Personal History), prepared on
20 November 1965 while he was an enlisted member in the U.S. Army Reserve Control Group (Reserve Officers' Training Corps), shows his SSN as "XXX-XX-XXX6."
3. On 4 August 1967, he was appointed as a Reserve Commissioned Officer of the Army at the rank of second lieutenant. He was assigned an Army service number (ASN) as the primary source of identification. He entered active duty on 18 September 1967.
4. The applicants Military Personnel Records Jacket (MPRJ) contains the following documents that show his SSN as "XXX-XX-XXX6."
* Letter Orders AR-08-867, issued by Headquarters, Third U.S. Army, dated 24 August 1967
* DA Form 66 (Officer Qualification Record)
* DA Form 873 (Certificate of Clearance and/or Determination Under Executive Order 10450), dated 18 December 1967
* DA Form 41 (Record of Emergency Data), dated 7 May 1969
5. On 4 September 1969, the applicant was honorably released from active duty. Item 3 (SSN) of the DD Form 214 he was issued at the time shows his SSN as "XXX-XX-XXX2."
6. The available records do not include a DA Form 2139 (Military Pay Voucher).
7. During the period the applicant served on active duty, Soldiers were identified primarily by an ASN. The Army discontinued using the ASN as an identifier and began using the SSN on 1 July 1969.
8. Army Regulation 635-5 (Separation Documents), effective 1 February 1967, stated the SSN in item 3 of the DD Form 214 was to be transcribed from the Soldier's DA Form 2139.
DISCUSSION AND CONCLUSIONS:
It appears his SSN was transcribed incorrectly onto his DD Form 214. In light of the available evidence, it would be appropriate to correct item 3 of his DD Form 214 to show the SSN entered on his DD Form 398.
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 replacing the entry in item 3 of his DD Form 214 with the SSN entered on his DD Form 398.
_______ _ _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) AR20130015724
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ABCMR Record of Proceedings (cont) AR20130015724
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