IN THE CASE OF
BOARD DATE: 22 July 2014
DOCKET NUMBER: AR20130021032
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 listed on his Social Security card.
2. The applicant states, in effect, his service number was listed in item 3 (SSN) of his DD Form 214 instead of his SSN.
3. The applicant provides his Social Security card, a letter from the Social Security Administration (SSA), 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 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's records show he enlisted in the Regular Army on 13 March 1970. His DD Form 4 (Enlistment Contract-Armed Forces of the United States) did not list his SSN, it listed a temporary identification number (TIN) in item 1 (Service Number) of his DD Form 4. In connection with his enlistment, he also completed a DD Form 398 (Statement of Personal History) and listed his SSN as "xxx-xx-0430."
3. His record contains the following documents showing the same SSN as listed on his DD Form 398:
* DD Form 1584 (Department of Defense National Agency Check Request), dated 23 March 1970
* DA Form 20 (Enlisted Personnel Record) showing his TIN was deleted and replaced by his SSN
4. He was honorably released from active duty on 20 December 1971. Item 3 of his DD Form 214 listed his SSN as "xxx-xx-8353."
5. He provided a letter from the SSA which confirms the SSN on the copy of the Social Security card he provided belongs to the name he listed on his application. He also provided a copy of his Social Security card which lists his SSN as "xxx-xx-0430" and the name he listed on his application.
DISCUSSION AND CONCLUSIONS:
When the applicant completed his DD Form 398 in connection with his enlistment he used the SSN listed on the Social Security card he provided. Therefore, he is entitled to correction of his DD Form 214 to show his SSN as it is listed on his DD Form 398.
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 correcting his DD Form 214 to show his SSN as it is listed on his DD Form 398.
____________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) AR20130021032
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130021032
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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