BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130018190
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-x2xx" instead of "xxx-xx-x7xx."
2. He states the SSN shown on his DD Form 214 is incorrect.
3. He provides his DD Form 214 and 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's military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered using the
DD Form 214 provided by the applicant.
3. Records available to the Board show the applicant was inducted into the Army of the United States on 5 July 1966. He was honorably released from active duty on 2 May 1968 and he was transferred to the U.S. Army Reserve. He completed 1 year, 9 months, and 28 days of creditable active service.
4. Item 3 (SSN) of his DD Form 214 shows his SSN as xxx-xx-x7xx.
5. He provided his social security card that shows his SSN as xxx-xx-x2xx.
6. Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant's military records are not available, his social security card confirms his SSN as xxx-xx-x2xx.
2. Because a 2 and a 7 can be confused, it appears a typographical error resulted in the number 7 being entered on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show his correct SSN.
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 amending his DD Form 214 to show his SSN as it appears 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) AR20130018190
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130018190
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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