IN THE CASE OF:
BOARD DATE: 16 September 2014
DOCKET NUMBER: AR20140002135
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) to show his:
* social security number (SSN) as "xxx-x4-xxxx" instead of "xxx-x0-xxxx"
* place of birth as "Cleveland" instead of "Clevelan"
2. The applicant states, in effect, his SSN and place of birth are listed incorrectly on his DD Form 214.
3. The applicant provides:
* letter from the Department of Veterans Affairs (VA), State of Tennessee, dated 23 January 2014
* DD Form 214
* social security card
* Medicare health insurance 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 accepted an appointment as a Reserve commissioned officer as a second lieutenant on 1 August 1969.
3. In conjunction with his appointment, the applicant completed a DD Form 398 (Statement of Personal History) that shows his:
* SSN as xxx-x4-xxxx
* place of birth as Cleveland, Blount, Alabama
4. On 13 August 1971, he was honorably released from active duty. His DD Form 214 shows his SSN as "xxx-x0-xxxx" and his place of birth as "Clevelan, Alabama."
5. The applicant provided a copy of his social security card and Medicare health card that both show his SSN as "xxx-x4-xxxx."
6. The applicant's DA Form 2139 (Military Pay Voucher) is not available for review.
7. Army Regulation 635-5 (Separation Document), 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 evidence of record shows the applicant provided the requested SSN and place of birth during his accession processing. It appears his SSN and place of birth were transcribed incorrectly at the time of his release from active duty on 13 August 1971. Therefore, he is entitled to correction of his DD Form 214 to show his SSN as it appears on his DD Form 398 and his place of birth as Cleveland, Alabama.
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 amending his DD Form 214 by:
* deleting the current SSN entry and place of birth
* adding his SSN as it appears on his DD Form 398 and his place of birth as Cleveland, Alabama
_____________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) AR20140002135
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ABCMR Record of Proceedings (cont) AR20140002135
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