IN THE CASE OF:
BOARD DATE: 28 August 2014
DOCKET NUMBER: AR20130021811
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-XXX-5964" vice "XXX-XX-5967."
2. The applicant states the SSN is incorrectly listed on his DD Form 214.
3. The applicant provides his DD Form 214, social security card, and a verification statement from the Social Security Administration.
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 contain a typed DD Form 398 (Statement of Personal History) that was prepared in connection with his induction into the Army of the United States (AUS). His SSN is listed as "XXX-XX-5967." However, he did not sign this form.
3. He was inducted into the AUS on 12 July 1966. His DD Form 47 (Record of Induction) listed his Service Number. It also contains a hand-written entry of his SSN as "XXX-XXX-5964."
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty also listed his Service Number. It did not list his SSN.
5. There are multiple other documents in his service record that contain the SSN "XXX-XX-5964." He placed his signature where required on some of these documents. They include:
* DA Form 41 (Record of Emergency Data)
* Separation orders
6. He was honorably released from active duty on 28 August 1966. His DD Form 214 shows in item 32 (Remarks) the entry "XXX-XX-5967", the number 7 instead of the number 4 in the last digit.
7. The applicant provides a social security card that contains the same name as his and the SSN as "XXX-XX-5964" as well as a verification statement from the SSA confirming this SSN is assigned to him.
8. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that upon his induction into the AUS, someone prepared a DD Form 398 for the applicant and listed his SSN as "XXX-XX-5967." He did not sign this form. When he was inducted, however, his induction record listed his SSN as "XXX-XX-5964." This SSN is consistent with the SSN shown on at least two other documents in his service record and the social security card he provides. It appears the incorrect SSN was listed on the applicant's DD Form 214 during the preparation process as a result of an administrative error. In view of the foregoing, his DD Form 214 should be corrected as recommended below.
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 entry and replacing it with the SSN 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) AR20130021811
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ABCMR Record of Proceedings (cont) AR20130021811
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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