IN THE CASE OF:
BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20130021980
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-XX-69XX vice XXX-XX-96XX.
2. The applicant states the SSN listed on his DD Form 214 is not the same as the SSN listed on his social security card.
3. The applicant provides his DD Form 214, social security card, an identification card, notification of birth registration, and a certificate of birth.
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 of the United States (AUS) on 16 January 1968. His DD Form 47 (Record of Induction) shows his serial number and the SSN listed on his social security card.
3. On 18 January 1968, he completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN with the sixth and seventh digits as 69. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN with the sixth and seventh digits as 69.
4. His record contains numerous orders, personnel, medical, and legal documents, to include a DD Form 93 (Record of Emergency Data) dated 10 July 1969, that all show his SSN with the sixth and seventh digits as 69. He authenticated many of these documents by placing his signature in the appropriate block.
5. He was honorably released from active duty on 20 August 1969 and transferred to the U.S. Army Reserve (USAR).
6. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the sixth and seventh digits as 96.
7. The applicant provides his social security card wherein it shows his SSN with the sixth and seventh digits as 69.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant's SSN was listed with the sixth and seventh digits as 69 upon his induction into the AUS and his entry on active duty. This is the SSN that he used throughout his period of service. It appears an administrative error occurred when his DD Form 214 was prepared and the sixth and seventh digits were listed as 96. Therefore, it would be appropriate to correct his DD Form 214 to show his correct 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 deleting the SSN entry in item 3 of his DD Form 214 and replacing it with the SSN listed 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) AR20130021980
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130021980
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