IN THE CASE OF:
BOARD DATE: 23 September 2014
DOCKET NUMBER: AR20140002180
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 the social security number (SSN)) listed in item 32 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to be shown as "5XX-1X-6XXX" instead of "4XX-6X-7XXX."
2. The applicant states he cannot apply for benefits from the Department of Veterans Affairs (VA) because the wrong SSN is listed on his DD Form 214. He has no idea how or why the error was made when his DD Form 214 was originally completed. The DD Form 214 was issued when he was discharged from Company C, 2nd Battalion, 501st Infantry, Fort Campbell, KY. He did not realize the correction had to be made until he applied for VA medical benefits.
3. The applicant provides a copy of his DD Form 214 and a Social Security Administration (SSA) SSN Printout.
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 was inducted into the Army of the United States on 14 October 1964. At the time of his induction, he was assigned and identified with a service number starting with US" for United States. His military record contains the following:
* DD Form 398 (Statement of Personal History) which lists his SSN as verified by the SSA
* DD Form 47 (Record of Induction), dated 14 October 1964, which does not list his SSN
* DA Form 41 (Record of Emergency Data), dated 14 October 1964, which lists his SSN as shown on his DD Form 398
* DA Form 20 (Enlisted Qualification Record), undated, which does not list his SSN
3. He was released from active duty on 13 October 1966 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). Item 32 of his DD Form 214 lists his SSN as "4XX-6X-7XXX."
4. His records also contain the following:
* Letter Orders USAR Number E-06-4068196, dated 24 June 1967, that ordered him to active duty for training with a report date of 13 August 1967; the orders list his SSN as "4XX-6X-7XXX"
* DA Form 2139 (Military Pay Voucher), for pay period 26 August 1967, which lists his SSN as "4XX-6X-7XXX"
5. He provided a copy of an SSA SSN Printout, dated 17 December 2013, which stated their records indicated the SSN for an individual with the same name as the applicant was "5XX-1X-6XXX."
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 personal 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 and DA Form 41 list his SSN as "5XX-1X-6XXX." It appears his DD Form 214 contains a typographical error pertaining to his SSN. Therefore, he is entitled to correction of item 32 of his DD Form 214 to list his SSN as listed on the SSA SSN Printout.
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 the applicant's DD Form 214 the SSN listed and replacing it with the SSN as listed on the SSA SSN Printout.
___________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) AR20140002180
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ABCMR Record of Proceedings (cont) AR20140002180
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