IN THE CASE OF:
BOARD DATE: 28 August 2014
DOCKET NUMBER: AR20140001124
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) for the period ending
27 December 1965 to show his social security number (SSN) as XXX-XX-XX8X instead of XXX-XX-XX9X.
2. The applicant states he believes it to be a typographical error.
3. The applicant provides:
* DD Form 214
* 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 Regular Army (RA) on 19 February 1959. He was honorably released from active duty as an overseas returnee on 28 March 1962. Item 32 (Remarks) of the DD Form 214 he was issued at the time lists his SSN as XXX-XX-XX8X, as he requests.
3. On 28 December 1962, the applicant again enlisted in the RA. On
27 December 1965, he was honorably discharged at the expiration of his term of service. Item 32 of the DD Form 214 he was issued lists his SSN as XXX-XX-XX9X.
4. The applicant provides a copy of his social security card which lists his SSN as XXX-XX-XX8X.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for preparation of the DD Form 214. This regulation stated the complete name and SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as XXX-XXX8X was carefully considered and determined to have merit.
2. The applicant's SSN appears as XXX-XX-XX8X on his DD Form 214 for the period ending 28 March 1962. As a result, it would be appropriate to correct his DD Form 214 for the period ending 27 December 1965 to show his SSN as shown on his previously-issued DD Form 214 and 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 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 for the period ending 27 December 1965 the current SSN entry and replacing it with the SSN entry 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) AR20140001124
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ABCMR Record of Proceedings (cont) AR20140001124
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