IN THE CASE OF: :
BOARD DATE: 26 August 2014
DOCKET NUMBER: AR20140001381
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) by showing his correct social security number (SSN).
2. The applicant states the last four numbers of his SSN are 2xxx and not 4xxx.
3. The applicant provides copies of:
* 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. On 19 October 1965, the applicant completed a DA Form 398 (Statement of Personal History). He entered his SSN on this form as XXX-XX-2XXX as shown on his Social Security Card.
3. On 1 November 1965, the applicant enlisted in the Regular Army. He was issued a service number which the military primarily used at the time to identify Soldiers.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows that his SSN was entered to read XXX-XX-4XXX but was subsequently corrected to read XXX-XX-2XXX.
5. On 31 October 1968, the applicant was released from active duty. His DD Form 214 shows his SSN as XXX-XX-4XXX.
6. The Social Security Card, as provided by the applicant, shows his SSN as XXXX-XX-2XXX.
7. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 3 required entry of the Soldier's SSN.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show
his SSN as XXX-XX-2XXX.
2. The evidence of record clearly supports the applicant's contentions. Therefore, his DD Form 214 should be corrected to show his SSN as indicated 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 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 his DD Form 214 the current SSN 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) AR20130017297
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140001381
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