Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130018429
Original file (20130018429.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	    24 June 2014

		DOCKET NUMBER:  AR20130018429 


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 as "xxx-x4-xxxx" instead of "xxx-x5-xxxx."

2.  The applicant states, in effect, that a typographical error resulted in the incorrect social security number being entered on his DD Form 214.  He further states that his social security number is shown correctly on his DD Form 256A (Honorable Discharge Certificate) and DA Form 2139-1 (Military Pay Voucher).  He discovered this error while trying to obtain health insurance through the Department of Veterans Affairs.

3.  The applicant provides a copy of his DD Form 214 and social security card as documentary evidence in support of his application.

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.  His record contains a copy of his social security card, issued by the U.S. Social Security Administration, which shows his social security number as 
"xxx-x4-xxxx."

3.  A review of documents contained in the applicant's military personnel records shows his social security number appears as both "xxx-x4-xxxx" and
"xxx-x5-xxxx" on several documents dated throughout his tenure of service.

4.  His record contains a DA Form 2496 (Disposition Form), initiated on 15 August 1973, which shows he requested correction of his military records to show his social security number as "xxx-x4-xxxx" instead of "xxx-x5-xxxx."  This request was approved on 15 August 1973 and permanently filed in his record on 17 September 1973.

5.  Item 3 (Social Security Number) of the applicant's DD Form 214 shows his social security number as "xxx-x5-xxxx."

6.  The applicant provides copies of his DA Form 2139-1 and DD Form 256A which show his social security number as "xxx-x4-xxxx."

7.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation established standardized policy for the preparation of the DD Form 214.  It stated, in pertinent part, that the complete name and social security number of the separating service member would be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his social security number as "xxx-x4-xxxx" was carefully considered and determined to have merit.

2.  Evidence clearly shows that the applicant requested administrative action during his tenure of service to have his social security number properly reflected in his records.  Although the applicant's social security number appears as both "xxx-x5-xxxx" and "xxx-x4-xxxx" in his military personnel records evidence from the U.S. Social Security Administration shows the applicant's social security number is "xxx-x4-xxxx."  Therefore, he is entitled to have his DD Form 214 corrected to show his social security number as "xxx-x4-xxxx."

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 by corrected by deleting from item 3 of his DD Form 214 the entry "xxx-x5-xxxx" and replacing it with the entry "xxxx-x4-xxxx" 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)                                         AR20130018429





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130018429



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120005213

    Original file (20120005213.txt) Auto-classification: Approved

    The applicant requests correction of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 14 May 2005 and 20 January 2010 to show his social security number (SSN) as "XXX-X4-XXXX" instead of "XXX-X5-XXXX." A thorough review of documents contained in the applicant's military personnel records shows his social security number appears as both "XXX-X4-XXXX" and "XXX-X5-XXXX" on several documents throughout his tenure of service. Therefore, he is...

  • ARMY | BCMR | CY2013 | 20130004131

    Original file (20130004131.txt) Auto-classification: Denied

    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-x4-xxxx" instead of "xxx-x5-xxxx." The applicant's military record is not available to the Board for review. Since his record is unavailable for the Board to review, there is no way to verify what SSN the applicant used during his tenure of service and the DD Form 214, which he signed, is presumed to have been correct...

  • ARMY | BCMR | CY2012 | 20120001837

    Original file (20120001837.txt) Auto-classification: Denied

    His records contain a U.S. Army Administration Center (USAAC) Form 170 (Army Reserve Personnel Data Review), dated 1 March 1967, that shows he attempted to have his military records corrected to show his correct SSN. However, the evidence of record shows the SSN of "XXX-X5-XXXX" was used when the FSM enlisted in the RA in 1962 and when he was released from active duty in 1965. __________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...

  • ARMY | BCMR | CY2014 | 20140002135

    Original file (20140002135.txt) Auto-classification: Approved

    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-x4-xxxx" instead of "xxx-x0-xxxx" * place of birth as "Cleveland" instead of "Clevelan" 2. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant provided the requested SSN and place of birth during his accession processing. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2014 | 20140002135

    Original file (20140002135 .txt) Auto-classification: Approved

    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-x4-xxxx" instead of "xxx-x0-xxxx" * place of birth as "Cleveland" instead of "Clevelan" 2. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant provided the requested SSN and place of birth during his accession processing. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2009 | 20090005510

    Original file (20090005510.txt) Auto-classification: Denied

    BOARD DATE: 20 August 2009 DOCKET NUMBER: AR20090005510 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his records to show his correct social security number (SSN). The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct SSN, will be filed in his Official Military Personnel File (OMPF).

  • ARMY | BCMR | CY2013 | 20130001394

    Original file (20130001394.txt) Auto-classification: Approved

    His DD Form 4 (Enlistment Record - Armed Forces of the United States) lists his assigned service number; it does not list his SSN. Therefore, based on the evidence of record and the evidence provided by the applicant, it would be appropriate at this time to correct his DD Forms 214 for the periods of service ending 4 April 1968 and 24 January 1973 to show the SSN as it is listed on his Social Security Card. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2011 | 20110009722

    Original file (20110009722.txt) Auto-classification: Denied

    A review of documents contained in the FSM's military personnel record primarily shows his assigned military service number was used during his period of active service. The FSM's record contains a U.S. Army Administration Center (USAAC) Form 170 (Army Reserve Personnel Data Review), dated 1 March 1967, that was signed by the FSM well after his release from active duty. Although the FSM's military service number was primarily used during his period of active service his record contains...

  • ARMY | BCMR | CY2013 | 20130002826

    Original file (20130002826.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The DD Form 214 he was issued at the time shows his SSN as "xxx-x8-xxxx." However, Special Order Number 111, dated 10 June 1969, and his DD Form 398, dated 11 June 1969, both confirm he recorded his SSN as "xxx-x4-xxxx" at the time of induction and are accepted as sufficient evidence of his SSN.

  • ARMY | BCMR | CY2012 | 20120003228

    Original file (20120003228.txt) Auto-classification: Denied

    All documents in the applicant's Official Military Personnel File (OMPF) containing an SSN list the SSN he claims is incorrect. There are no documents in his record showing the SSN he now claims is correct. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case.