IN THE CASE OF:
BOARD DATE: 11 June 2014
DOCKET NUMBER: AR20130019086
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 "XX2-XX-XXXX" instead of "XX3-XX-XXXX."
2. The applicant states the error resulted from a typographical error that occurred on his entrance date.
3. The applicant provides his DD Form 214, social security card, State of Iowa Driver License and Medicare Health Insurance 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 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 23 August 1967, the applicant was inducted into the Army of the United States. His DD Form 47 (Record of Induction) identifies his SSN as "XX2-XX-XXXX."
3. On 29 August 1967, he authenticated his initial DA Form 20 (Enlisted Qualification Record) by signature. Item 1 (Name and Service Number) of this form contains a typed entry that identifies his SSN as "XX2-XX-XXXX."
4. On 26 March 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 3 (SSN) of his DD Form 214 shows his SSN as "XX3-XX-XXXX."
5. The documents contained within his Official Military Personnel File (OMPF) identify him by one of two SSNs: "XX2-XX-XXXX" (the requested SSN); or "XX3-XX-XXXX" (the contested SSN). The number of instances in which each SSN was used throughout his period of military service appears to be equal.
6. He provides his social security card that shows his SSN as "XX2-XX-XXXX."
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate, reflective of the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was inducted into the Army of the United States on 23 August 1967, and at the time of his induction he represented his SSN as "XX2-XX-XXXX." In general, he used this SSN throughout his period of military service; however, there were instances when he used the contested SSN. Since the two numbers are nearly identical, it is conceivable that he was unaware that his SSN was incorrectly represented on several occasions.
2. He submitted his social security card to establish his correct SSN. It appears his SSN is incorrectly listed on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show his SSN as it is listed on his social security card.
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 deleting the current SSN entry from item 3 of his DD Form 214 and replacing it with the SSN 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) AR20100016576
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130019086
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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