IN THE CASE OF:
BOARD DATE: 22 July 2014
DOCKET NUMBER: AR20130021706
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-xxxx" instead of xx0-xx-xxxx.
2. The applicant states the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides copies of this Social Security Card and 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. Prior to his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) on 27 June 1966 that shows his SSN as "xx1-xx-xxxx."
3. The applicant enlisted in the RA on 30 June 1966. At the time of his enlistment he was issued a service number as his primary military identification number.
4. On 31 May 1969, the applicant was honorably released from active duty. Item 3 (SSN) of his DD Form 214 shows his SSN as "xx0-xx-xxxx."
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
6. The applicants Social Security Card shows his SSN as xx1-xx-xxxx.
DISCUSSION AND CONCLUSIONS:
1. The applicant provides a copy of his Social Security Card that shows his correct SSN, which is the same number he reported on his DD Form 398 at the time of his enlistment.
2. In view of the foregoing, it would be appropriate to correct the applicant's 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 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) AR20130021706
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ABCMR Record of Proceedings (cont) AR20130021706
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