IN THE CASE OF
BOARD DATE: 30 September 2014
DOCKET NUMBER: AR20140002901
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 3 (SSN) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, his SSN is shown on his DD Form 214 as "XXX-XX-XXX2" and it should be shown as "XXX-XX-XXX3." This is a typographical error and he just happened to notice the error. He had problems in getting his military records from the National Personnel Record Center (NPRC) and this could be the reason why.
3. The applicant provides a copy of his DD Form 214, social security card, and state operator license.
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 7 December 1966. At the time of his induction, he was assigned and identified with a service number instead of his SSN; however, certain record documents required the preparer to list his SSN. His military records contain the following:
* DD Form 398 (Statement of Personal History), dated 2 December 1966, which does not list his SSN
* DA Form 3027 (U.S. Army Request for National Agency Check), dated 9 December 1966, which lists his SSN as "XXX-XX-XXX3"
* DD Form 47 (Record of Induction), dated 7 December 1966, which does not list his SSN
* DA Form 20 (Enlisted Qualification Record), dated 20 November 1968, which lists his SSN as "XXX-XX-XXX2"
* Special Orders (SO) Number 31, issued by Headquarters, 71st Evacuation Hospital on 13 April 1968, which lists his SSN as "XXX-XX-XXX3"
* SO Number 329, issued by Headquarters, U.S. Army Personnel Center on 24 November 1968, which lists his SSN as "XXX-XX-XXX2"
3. He was released from active duty on 25 November 1968 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). Item 3 of his DD Form 214 lists his SSN as "XXX-XX-XXX2."
4. His records also contain Letter Orders Number 11-1454661, dated 22 November 1972, discharging him from the USAR on 6 December 1972. The orders list his SSN as "XXX-XX-XXX3."
5. He provided copies of the following:
* social security card, which lists his SSN as "XXX-XX-XXX3"
* state operator license, which does not list his SSN
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:
1. The applicant was inducted into the Army of the United States and identified by a service number throughout his period of active duty; however, his records contain certain documents that identify him by the SSN that is shown on his social security card.
2. In view of the foregoing, it appears his DD Form 214 contains a typographical error pertaining to the ninth digit of his SSN. Therefore, he is entitled to correction of item 3 of his DD Form 214 to shown the same SSN as listed on the 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 listed on the 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) AR20140002901
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140002901
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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