IN THE CASE OF:
BOARD DATE: 20 May 2014
DOCKET NUMBER: AR20130017021
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 x98-xx-xxxx instead of x89-xx-xxxx.
2. The applicant states his SSN is incorrect 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 on 6 March 1967.
3. His military file includes the following documents which show the SSN he claims is correct:
* DA Form 3027 (U.S. Army Request for National Agency Check)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 41 (Record of Emergency Data)
4. He was honorably released from active duty on 27 October 1968. His DD Form 214 shows his SSN as x89-xx-xxxx.
5. He provides a copy of social security card that show his SSN as x98-xx-xxxx.
6. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated 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:
1. The applicant's record contains a DA Form 3027, DA Form 20, and a DA Form 41 that show his SSN as x98-xx-xxxx as shown on his social security card. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in his SSN being incorrectly listed.
2. In view of the foregoing, his DD Form 214 should be corrected to show his SSN as shown 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 correcting his DD Form 214 to show his SSN 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) AR20130017021
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