IN THE CASE OF:
BOARD DATE: 30 September 2014
DOCKET NUMBER: AR20140003428
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 correct social security number (SSN).
2. The applicant states the clerk made an error by typing the wrong SSN on his DD Form 214.
3. The applicant provides:
* DD Form 214
* 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military record contains a DD Form 398 (Statement of Personal History) that he completed during his induction process. Item 13 (Employment) contains a block for the SSN wherein he entered his SSN as
"44X-XX-XXXX."
3. Armed Forces Examining and Entrance Station, Special Orders Number 103, dated 25 May 1971, directed the applicants induction on active duty. This order lists the SSN that the applicant claims is correct, 44X-XX-XXXX.
4. On 25 May 1971, the applicant was inducted into the Army of the United States on 18 November 1966. He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).
5. The DA Form 20 (Enlisted Qualification Record) prepared on the applicant upon his entry on active duty lists the SSN 49X-XX-XXXX. The majority of documents on file in the applicant's official military personnel file (OMPF) list his SSN as "44X-XX-XXXX," and a few documents that list his SSN as
"49X-XX-XXXX."
6. On 17 December 1972, the applicant was released from active duty. Item 3 of his DD Form 214 lists his SSN as 49X-XX-XXXX.
7. The applicant provides a copy of his Social Security card. It lists his SSN as "44X-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
The applicant's military record confirms he was inducted and served under the SSN he claims is correct. This is the same SSN listed on his initial entry documents that were prepared during his induction processing. Therefore, item 3 of his DD Form 214 should be corrected by deleting the current entry and replacing it with SSN 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
amending item 3 of his DD Form 214 by deleting the current entry and replacing it 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) AR20140003428
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140003428
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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