BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20130020005
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 Unites States Report of Transfer or Discharge) to show his Social Security Number (SSN) as XXX-XX-0XXX instead of XXX-XX-9XXX.
2. The applicant states the SSN recorded on his DD Form 214 is incorrect.
3. The applicant provides a copy of his DD Form 214 and a Social Security Administration (SSA) SSN Printout.
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 applicant enlisted in the Regular Army 18 November 1963. At the time of the applicant's enlistment, the U.S. Armed Forces did not use the SSN for identification; he was issued a service number.
3. On 14 November 1966, the applicant completed a DA Form 41 (Record of Emergency Data). Item 7 (SSN) shows he entered XXX-XX-0XXX.
4. On 17 November 1966, the applicant was honorably released from active duty. Item 32 (Remarks) of the DD Form 214 he was issued at the time shows his SSN as XXX-XX-9XXX.
5. In support of his application the applicant provides an SSA SSN Printout, dated 30 October 2013, that shows SSA records indicate SSN XXX-XX-0XXX
is assigned to the applicant.
DISCUSSION AND CONCLUSIONS:
1. The U.S. Army was not using the SSN for identification purposes at the time the applicant enlisted. However, three days before he was released from active duty his SSN was recorded in his military records as XXX-XX-0XXX.
2. The available evidence shows the applicant's correct SSN was entered in his military records during the period of his active duty. However, an incorrect SSN was entered on his DD Form 214 when he was released from active duty.
3. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show the SSN as it is listed in his SSA records.
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 current entry from item 32 of his DD Form 214 and adding the SSN as it is recorded on the SSA SSN printout.
__________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) AR20130020005
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ABCMR Record of Proceedings (cont) AR20130020005
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