IN THE CASE OF:
BOARD DATE: 1 May 2014
DOCKET NUMBER: AR20130015789
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 (Report of Separation from Active Duty) for the period ending 1 October 1975 to show his social security number (SSN) as 574-XX-XXXX.
2. The applicant states his SSN is an obvious typographical error and he discovered it while considering entering the Department of Veterans Affairs (VA) benefit program.
3. The applicant provides:
* DD Forms 214 for the periods ending 3 August 1974 and 1 October 1975
* Social Security Administration SSN Printout
* VA Form 21-4138 (Statement in Support of Claim), dated 22 August 2013
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 entered active duty as a member of the Army National Guard on 6 December 1973 and he was honorably released from active duty on 3 August 1974. His DD Form 214 for this period of service shows his SSN as 574-XX-XXXX.
3. The applicant enlisted in the Regular Army on 7 January 1975. He was honorably released from active duty on 1 October 1975. He completed 8 months and 25 days of active service with no lost time. His DD Form 214 for this period shows his SSN as 547-XX-XXXX.
4. The applicant's military records include documents showing various SSN's. However, his DD Form 398 (Statement of Personal History), DD Form 4 (Enlistment Contract Armed Forces of the United States), DD Form 1584 (National Agency Check Request), DA Form 2-1 (Personnel Qualification Record Part II), and previous DD Form 214 show his SSN as 574-XX-XXXX.
5. The applicant provided a document from the Social Security Administration and his DD Form 214 for the period ending 3 August 1974 showing his SSN as 574-XX-XXXX.
6. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The regulation stated the DA Form 2-1 and documents filed in the Military Personnel Records Jacket were the primary sources for information for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant entered active duty and served under the SSN 574-XX-XXXX. As a result, the SSN entered on the applicant's DD Form 214 for the period ending 1 October 1975 appears to be a typographical error.
2. In view of the foregoing, it would be appropriate at this time to correct his DD Form 214 for the period ending 1 October 1975 by replacing the current SSN with the SSN shown on his DD Form 4.
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 for the period ending 1 October 1975 by replacing the current SSN with the SSN shown on his DD Form 4.
___________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) AR20130015789
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ABCMR Record of Proceedings (cont) AR20130015789
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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