IN THE CASE OF:
BOARD DATE: 20 August 2014
DOCKET NUMBER: AR20140001429
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 the social security number (SSN) listed on his DD Form 214 (Report of Separation from Active Duty) for the period ending 30 November 1970.
2. He states his correct SSN is X84-XX-XXXX.
3. He provides his 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 25 August 1967, the applicant enlisted in the Regular Army. He was assigned an Army service number (ASN) as the primary source of identification.
3. Review of his records shows the following documents created during his first enlistment listed his SSN as X84-XX-XXXX:
* Special Orders Number 166 Extract, dated 25 August 1967, issued by the Armed Forces Examining and Entrance Station, Los Angeles, CA
* DD Form 1584 (National Agency Check Request), dated 8 September 1967
* Special Orders Number 166 Extract, dated 15 June 1970, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Dix, Fort Dix, NJ
4. On 9 October 1969, he was honorably discharged to immediately reenlist, which he did the following day. Item 3 (SSN) of the DD Form 214 prepared at that time shows his SSN as X48-XX-XXXX.
5. His DA Form 20 (Enlisted Qualification Record) shows his SSN as X48-XX-XXXX.
6. On 30 November 1970, he was discharged. Item 3 of the DD Form 214 documenting this period of service shows his SSN as X48-XX-XXXX.
7. The available records do not include a DA Form 2139 (Military Pay Voucher).
8. He provided his social security card which shows his SSN is X84-XX-XXXX.
9. When the applicant entered active duty, Soldiers were identified by an ASN. The Army discontinued using the ASN as an identifier and began using the SSN on 1 July 1969.
10. Army Regulation 635-5 (Separation Documents), in effect at the time, stated the SSN in item 3 of the DD Form 214 would be transcribed from the Soldier's DA Form 2139.
DISCUSSION AND CONCLUSIONS:
The SSN shown on the applicant's social security card was recorded in his military records. It appears his SSN was transcribed incorrectly at some point and this error was carried forward to his DD Forms 214. In light of the available evidence, it would be appropriate to correct item 3 of both of his DD Forms 214 to show the SSN 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 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 replacing the entry in item 3 of both of his DD Forms 214 with the SSN 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) AR20140001429
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ABCMR Record of Proceedings (cont) AR20140001429
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