BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130021864
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 issuance of a new DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) showing his correct social security number.
2. The applicant states the SSN entered on his DD Form 214 is wrong. His SSN is XXX-64-XXX, not XXX-61-XXXX.
3. The applicant provides:
* DD Form 214
* social security card
* Medicare Health Insurance 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. On 21 September 1965, he was inducted into the Army of the United States.
He was assigned an Army service number (ASN) as the primary source of identification.
3. His SSN is entered as "XXX 64 XXXX" in the upper right hand corner of his DD Form 47 (Record of Induction).
4. Item 1 (Name and Service Number) of his DA Form 20 (Enlisted Qualification Record) contains both his ASN and his SSN. His SSN is shown as "XXX-64-XXXX."
5. On 15 September 1967, he was released from active duty. Item 3 (Social Security Number) of his DD Form 214 shows his SSN as "XXX 61 XXXX."
6. He provided his social security card and Medicare Health Insurance card, which show his SSN is XXX-64-XXXX.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.
a. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
b. DD Form 214 may be reissued only when:
(1) directed by proper appellate authority, Executive Order, or by the Secretary of the Army;
(2) it is determined that the corrections to be made will not fit with the correction block of a single DD Form 215 (Correction to DD Form 214);
(3) two DD Forms 215 have been issued and an additional correction is required; and
(4) the character of service is to be changed.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 47, DA Form 20, social security card, and Medicare Health Insurance card all show his SSN as "XXX-64-XXXX." Therefore, there is sufficient evidence to correct his DD Form 214 to show his SSN as it is shown on these documents.
2. The character of service is not being changed and there is no record of two previous DD Forms 215 having been issued. Therefore, the issuance of a new
DD Form 214 is not required.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ ___X_____ __X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing his SSN in item 3 of his DD Form 214 with an effective date of
15 September 1967 to show the date listed on his social security card.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the issuance of a new
DD Form 214.
______ _ _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) AR20130021864
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ABCMR Record of Proceedings (cont) AR20130021864
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