BOARD DATE: 23 September 2014
DOCKET NUMBER: AR20140001890
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 item 3 (social security number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states,, his DD Form 214 incorrectly lists his SSN as "5X5-XX-XXXX" it should be listed as "5X4-XX-XXXX" as shown on his social security card. He believes the incorrect SSN was introduced (as a typographical error) upon his return from his overseas assignment to Vietnam. The discovery is greater than 3 years. The single transposition of the number "4" has been overlooked.
3. The applicant provides copies of his DD Form 214 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the Regular Army on 7 September 1966. At the time of his enlistment, he was assigned and identified by a service number beginning with RA for Regular Army. His military records contain the following:
* DD Form 398 (Statement of Personal History), dated 28 July 1966, which lists his SSN as "XX4-XX-XXXX"
* DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 7 September 1966, which does not list his SSN
* DA Form 20 (Enlisted Qualification Record), dated 11 September 1966, which shows his SSN was corrected and listed as "XX4-XX-XXXX"
* DA Form 41 (Record of Emergency Data), dated 25 March 1968, which lists his SSN as "XX5-XX-XXXX"
3. He was released from active duty on 5 September 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). Item 3 of his DD Form 214 lists his SSN as "XX5-XX-XXXX."
4. His records also contain Letter Orders Number 08-1323244 discharging him from the USAR on 6 September 1972. The orders list his SSN as "XX4-XX-XXXX."
5. He provided a copy of his social security card which lists his SSN as "XX4-XX-XXXX."
6. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The regulation stated item 3 would list the SSN verified in the Soldier's records.
DISCUSISON AND CONCLUSIONS:
The applicant's DD Form 398 lists his SSN as "XX4-XX-XXXX" and his DA Form 20 was corrected to list this SSN. His USAR discharge orders further list this SSN. It appears his DD Form 214 contains a typographical error pertaining to his SSN. Therefore, he is entitled to correction of item 3 of his DD Form 214 to lists his SSN as "XX4-XX-XXXX," 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 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 3 of the applicant's DD Form 214 the SSN listed and replacing it with the SSN as 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) AR20140001890
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ABCMR Record of Proceedings (cont) AR20140001890
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