IN THE CASE OF:
BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130016114
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-xxx2.
2. The applicant states a typing error was made on his DD Form 214.
3. The applicant provides a copy of 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 21 September 1959. At the time of his induction he was issued a service number as his primary military identification number.
3. On 14 May 1962, a DA Form 41 (Record of Emergency Data) was completed on the applicant. It lists his SSN as "xxx-xx-xxx2."
4. All of documents contained in the applicant's Army Military Human Resource Record (AMHRR) requiring the use of his SSN lists his SSN as "xxx-xx-xxx2."
5. On 20 September 1962, the applicant was honorably released from active duty. Item 32 (Remarks) of the DD Form 214 he was issued at the time shows his SSN as "xxx-xx-xxx5."
6. The applicant provides a copy of his social security card which lists "xxx-xx-xxx2" as his SSN.
7. 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. The only document contained in the applicants AMHRR that shows the incorrect SSN is his DD Form 214. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in the listing of an incorrect SSN.
3. 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 DA Form 41.
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 deleting from item 32 of his DD Form 214 the current entry and replacing it with the Social Security Number 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) AR20130016114
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ABCMR Record of Proceedings (cont) AR20130016114
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