IN THE CASE OF:
BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130018785
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 "240-xx-xxxx" vice "248-xx-xxxx."
2. The applicant states his SSN is incorrect.
3. The applicant provides a social security card and his DD Form 214.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant completed a DD Form 398 (Statement of Personal History) in connection with his induction into the Army of the United States (AUS). He listed his SSN as "240-xx-xxxx" and authenticated this form with his signature.
3. He was inducted into the AUS on 5 December 1968. His DD Form 47 (Record of Induction) listed his Service Number; it did not list an SSN.
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his SSN as "240-xx-xxxx." Additionally, his record contains multiple documents listing his SSN as such, including:
* Record of Proceedings Under Article 15, Uniform Code of Military Justice
* Fingerprint card
5. He was released from active duty on 1 March 1971. Item 3 (SSN) of his DD Form 214 lists his SSN as "248-xx-xxxx."
6. He provides a social security card that contains his name and an SSN listed as "240-xx-xxxx."
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows upon his induction into the AUS he listed his SSN as "240-xx-xxxx." This SSN is consistent with the SSN shown on multiple documents in his service record and the social security card he provides. It appears an administrative error occurred during the preparation process that resulted in the incorrect listing of his SSN. In view of the foregoing, his DD Form 214 should be corrected as recommended below.
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 from item 3 of his DD Form 214 the current entry and replacing it with the SSN 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) AR20130018785
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130018785
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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