BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20130018680
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the last four digits of his social security number (SSN) as "6250" instead of "5260."
2. The applicant requests, in effect, that his SSN is incorrect on his DD Form 214.
3. The applicant provides:
* DD Form 214
* Letter from the Department of Veterans Affairs (VA)
* VA Form 21-4138 (VA Statement in Support of Claim)
* 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 applicants record shows he was inducted into the Army of the United States on 5 October 1967. He completed the training requirements and he was awarded military occupational specialty 91A (Medical Corpsman).
3. The applicant's Official Military Personnel File (OMPF) contains Special Orders Number 202, dated 4 September 1969, assigning him to the U.S. Army Reserve Control Group (Reinforcement) which lists the last four digits of his SSN as "5260." However, it also contains a DD Form 47 (Record of Induction),
DD Form 398 (Statement of Personal History), DD Form 1584 (National Agency Check Request), and a DA Form 20 (Enlisted Qualification Record) which list the last four digits of his SSN as "6250."
4. On 3 October 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. The DD Form 214 he was issued lists the last four digits of his SSN as 5260."
5. The applicant provides a copy of letter from the VA, VA Form 21-4831, and a Social Security Card. All of these documents show the last four digits of his SSN as "6250."
6. Army Regulation 635-5 (Separation Documents), in effect at the time, 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 preparation of the DD Form 214. It states that the complete name and SSN of the separating service member would be entered on the DD form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant entered active duty and served under an SSN using the last four digits as 6250. The majority of the documents and orders in his OMPF list the SSN that he requested to include the DD Form 398. As a result, it appears the SSN entry on the applicant's DD Form 214 was the result of an administrative error.
2. In view of the foregoing, it would be appropriate to correct his DD Form 214 to show the SSN he requested.
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 in item 3 of his DD Form 214 and adding the SSN as it is listed on his DD Form 398.
__________ 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) AR20130018680
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