BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130016122
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Social Security Number (SSN) that is reflected on his Social Security Card.
2. The applicant states that a typographical error was made when his DD Form 214 was prepared.
3. The applicant provides copies of his DD Form 214, Social Security Card, and enlistment orders.
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 28 April 1969, the applicant enlisted in the Regular Army for a period of
3 years. At the time of enlistment he provided an SSN that matches the SSN on his Social Security Card.
3. He completed his training, served two tours in Vietnam, and he was honorably released from active duty (REFRAD) as an overseas returnee on 7 December 1971. He had served 2 years, 6 months, and 15 days of active service.
4. Item 3 (SSN) of the applicant's DD Form 214 shows the sixth digit as 2. However, the evidence of record shows the sixth digit of the applicant's SSN as a 3, as does his Social Security Card.
5. On 1 July 1969, the Army discontinued the issuance and use of the Army Service Number and began using the SSN for identification. Prior to 1 July 1969, service members were not required to maintain an SSN in their records; however, they were usually recorded when provided by the individual Soldier.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his SSN is incorrectly reflected on his
DD Form 214 has been noted and found to have merit.
2. The applicant enlisted in the Regular Army and provided the SSN that is reflected on his Social Security Card and continued to serve under that SSN.
3. However, it appears a typographical error occurred during the preparation of his DD Form 214.
4. Accordingly, item 3 of his DD Form 214 should be corrected to show the SSN that is reflected 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 deleting the SSN contained in item 3 of his DD Form 214 and entering the SSN that is reflected 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) AR20130016122
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