BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20130021169
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 XXX-54-XXXX instead of XXX-45-XXXX.
2. The applicant states the SSN recorded on his DD Form 214 is incorrect.
3. The applicant provides copies 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's DD Form 398 (Statement of Personal History), prepared by him on 12 December 1965, shows he entered XXX-54-XXXX in the SSN block.
3. The applicant was inducted into the U.S. Army on 13 December 1965. At the time the applicant was inducted, the U.S. Armed Forces did not use the SSN for identification; he was issued a service number.
4. A review of the applicant's military personnel records failed to reveal any other reference to his SSN during the period 13 December 1965 through 11 December 1967.
5. On 12 December 1967, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). Item 3 (SSN) of the DD Form 214 that he was issued at the time shows his SSN as XXX-45-XXXX.
6. In support of his application the applicant provides a copy of his Social Security card that shows his SSN as XXX-54-XXXX.
DISCUSSION AND CONCLUSIONS:
1. The U.S. Army was not using the SSN for identification purposes at the time the applicant was inducted. However, on the date prior to being inducted he indicated that his SSN was XXX-54-XXXX and this SSN is recorded in his military records.
2. The available evidence shows the applicant's correct SSN was entered in his military records during the period of his active duty. However, it appears that during the preparation of his DD Form 214 an administrative error occurred resulting in the incorrect listing of his SSN when he was released from active duty.
3. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his correct 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 from item 3 of his DD Form 214 the current entry 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) AR20130021169
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