IN THE CASE OF:
BOARD DATE: 7 August 2014
DOCKET NUMBER: AR20140000482
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, in effect, correction of his records to show his social security number (SSN) as XXX-XX-74X2 vice XXX-XX-47X2.
2. The applicant states his SSN is incorrect.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and 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, and 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 10 March 1966, the applicant was inducted into the Army of the United States. At the time of induction, he was assigned a military service number that was primarily used for identification purposes.
3. His record contains a:
* DA Form 20 (Enlisted Qualification Record) that shows his SSN as XXX-XX-74X2
* DD Form 398 (Statement of Personal History) that shows his SSN as XXX-XX-74X1
4. On 1 March 1968, he was released from active duty after serving 1 year, 11 months, and 22 days of total active service. Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-XX-47X2.
5. He submitted his social security card which shows his SSN as XXX-XX-74X2.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. The regulation then in effect provided that the Soldier's SSN would be entered in item 3 of the DD Form 214 and would be taken from the military pay voucher.
DISCUSSION AND CONCLUSIONS:
The documents in the applicant's record show two different social security numbers when he served in an active service status to include the one he is requesting. It is reasonable to presume the SSN on his DA Form 20 is the one he served under since it matches the one on his social security card. Therefore, he is entitled to correction of his 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 the evidence presented is 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) AR20140000482
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ABCMR Record of Proceedings (cont) AR20140000482
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