BOARD DATE: 12 June 2014
DOCKET NUMBER: AR20130018973
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) and his Honorable Discharge Certificate to show his social security number (SSN) as XXX-4X-XXXX.
2. He states his SSN was entered incorrectly as XXX-3X-XXXX and should be XXX-4X-XXXX.
3. He provides:
* social security card
* Honorable Discharge Certificate
* 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 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. On 15 February 1968, the applicant enlisted in the Regular Army. He was assigned an Army service number (ASN) as the primary source of identification.
3. Numerous documents in his records show his SSN as XXX-4X-XXXX. These include:
* Special Orders Number 34 issued by the Armed Forces Examining and Entrance Station, Newark, NJ, dated 15 February 1968
* DD Form 398 (Statement of Personal History), dated 18 April 1969
* DA Form 20 (Enlisted Qualification Record)
4. On 16 November 1970, Headquarters, U.S. Army School/Training Center and Fort Gordon, Fort Gordon, GA, issued Special Orders Number 316 relieving the applicant from active duty and transferring him to the U.S. Army Reserve effective 17 November 1970. These orders show his SSN as XXX-3X-XXXX.
5. On 17 November 1970, he was honorably released from active duty. Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-3X-XXXX.
6. On 23 January 1974, the U.S. Army Reserve Components Personnel and Administration Center issued Letter Orders Number 01-1028568 honorably discharging him from the Standby Reserve effective 1 February 1974. These orders show his SSN as XXX-3X-XXXX.
7. The available records do not include a DA Form 2139 (Military Pay Voucher).
8. He provided his social security card which shows his SSN as XXX-4X-XXXX.
9. When the applicant entered active duty, Soldiers were identified by an ASN. The Army discontinued using the ASN as an identifier and began using the SSN on 1 July 1969.
10. Army Regulation 635-5 (Separation Documents), effective 1 February 1967, stated the SSN in item 3 of the DD Form 214 would be transcribed from the Soldier's DA Form 2139.
DISCUSSION AND CONCLUSIONS:
The SSN shown on the applicant's social security card was recorded in his military records. It appears his SSN was transcribed incorrectly at some point and this error was carried forward to his DD Form 214 and Honorable Discharge Certificate. In light of the available evidence, it would be appropriate to correct item 3 of his DD Form 214 to show the SSN shown on his social security card and to issue him a new Honorable Discharge Certificate showing this SSN.
BOARD VOTE:
__X___ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
a. replacing the current entry in item 3 of his DD Form 214 with the SSN shown on his social security card and
b. issuing him an Honorable Discharge Certificate showing 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) AR20130018973
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ABCMR Record of Proceedings (cont) AR20130018973
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