IN THE CASE OF
BOARD DATE: 24 July 2014
DOCKET NUMBER: AR20130021770
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 (Certificate of Release or Discharge from Active Duty) for the period ending on 26 September 1997 to show his social security number (SSN) as "XXX-XX-XXX5" instead of "XXX-XX-XXX6."
2. He states the SSN shown on his DD Form 214 is incorrect.
3. He provides two DD Forms 214 and a 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 enlisted in the Army National Guard (ARNG) on 7 March 1997. He was ordered to active duty on 23 June 1997 and he was honorably released from active duty on 26 September 1997.
3. There are numerous documents in his official military personnel file that show his SSN as either "XXX-XX-XXX5 or "XXX-XX-XXX6." These documents include:
* Enlistment/Reenlistment documents, dated 7 March 1997, showing his SSN as "XXX-XX-XXX6"
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated
15 September 1998, showing his SSN as "XXX-XX-XXX6"
* Enlistment/Reenlistment documents, dated 16 September 1998, showing his SSN as "XXX-XX-XXX5"
* Orders 310-010, dated 6 November 1998, showing his SSN as "XXX-XX-XXX5"
* NGB Form 22, dated 6 March 2005, showing his SSN as "XXX-XX-XXX5"
* ARNG Retirement Points History Statement, dated 11 March 2005, showing his SSN as "XXX-XX-XXX5"
4. Item 3 (SSN) of his DD Form 214 for the period ending on 26 September 1997 shows his SSN as "XXX-XX-XXX6."
5. His social security card shows his SSN as "XXX-XX-XXX5." Additionally, he provided a DD Form 214 for the period ending on 20 July 2011, from the Air National Guard, that also shows his SSN as "XXX-XX-XXX5."
6. Army Regulation 635-5 (Separation Documents), in effect at the time, states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
It appears that when the applicant first enlisted in the ARNG he used the SSN of "XXX-XX-XXX6." However, during the later years of his enlistment, his SSN was recorded as "XXX-XX-XXX5." Additionally, his social security card confirms his SSN as "XXX-XX-XXX5." Therefore, he is entitled to correction of his DD Form 214 to show this SSN.
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 amending his DD Form 214 for the period ending 26 September 1997 to show his SSN as it appears 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) AR20130021770
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ABCMR Record of Proceedings (cont) AR20130021770
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