IN THE CASE OF:
BOARD DATE: 15 July 2014
DOCKET NUMBER: AR20130021195
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 xx1-xx-7410 instead of xx6-xx-8255.
2. The applicant states the SSN is incorrect on his DD Form 214 and the error could prevent or delay veteran's benefits.
3. The applicant provides a DD Form 214 and a copy of his 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 on 20 September 1961.
3. His record contains a DA Form 41 (Record of Emergency Data), prepared on 12 April 1963, that shows his SSN as xx1-xx-7410.
4. He was honorably released from active duty on 21 August 1963. Item 32 (Remarks) of his DD Form 214 shows his SSN as xx6-xx-8255.
5. He provides a copy of his social security card that shows his SSN as xx1-xx-7410.
6. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record contains a DA Form 41 that shows his SSN as xx1-xx-7410 as shown on his social security card. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in his SSN being incorrectly listed.
2. In view of the foregoing, his DD Form 214 should be corrected 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 from item 32 of his DD Form 214 the current SSN listing 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) AR20130021195
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ABCMR Record of Proceedings (cont) AR20130021195
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