IN THE CASE OF:
BOARD DATE: 22 July 2014
DOCKET NUMBER: AR20130021023
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 x4x-3x-xxxx instead of x3x-4x-xxxx.
2. The applicant states his SSN is incorrect on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and 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 applicant was inducted into the Army of the United States on 23 May 1967.
3. His record contains a DA Form 3027 (U.S. Army Request for National Agency Check), dated 23 May 1967, that lists his SSN as x4x-3x-xxxx.
4. He was honorably released from active duty on 22 May 1969. Item 3 (SSN) of his DD Form 214 shows his SSN as x3x-4x-xxxx.
5. Letter Orders Number 04-1091500, issued by the U.S. Army Reserve Components Personnel and Administration Center, dated 18 April 1973, show he was honorably discharged from the U.S. Army Reserve Control Group (Standby) on 1 May 1973. The order shows his SSN as x4x-3x-xxxx.
6. The applicant provides a copy of his social security card which lists his SSN as x4x-3x-xxxx.
7. 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. This regulation stated the complete name and SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as x4x-3x-xxxx was carefully considered and determined to have merit.
2. The applicant's SSN appears as x4x-3x-xxxx on the DA Form 3027 and orders contained in his military records. As a result, it would be appropriate to correct his DD Form 214 to show his SSN as shown 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 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 SSN entry from item 3 of his DD Form 214 and replacing the entry 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) AR20130021023
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ABCMR Record of Proceedings (cont) AR20130021023
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