IN THE CASE OF:
BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140003727
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), effective 10 May 1971, by showing his correct social security number (SSN).
2. The applicant states, in effect, his SSN should be a "XXX-5X-XXXX" instead of "XXX-3X-XXXX" as shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 ending on 10 May 1971.
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. On 18 November 1966, the applicant enlisted in the Regular Army. He was issued a service number which the military primarily used at the time to identify Soldiers.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows that his SSN was entered as XXX-5X-XXXX.
4. On 26 March 1968, the applicant was honorably discharged. His DD Form 214 for this period of service shows his SSN as XXX-5X-XXXX.
5. On 27 March 1968, the applicant reenlisted in the Regular Army for a 3-year period. On 10 May 1971, he was discharged. His DD Form 214 for this second period of active duty service shows his SSN as XXX-3X-XXXX.
6. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 3 required entry of the Soldier's SSN.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 effective 10 May 1971 should be corrected by showing his SSN as XXX-5X-XXXX.
2. The evidence of record clearly supports the applicant's contention. Therefore, his DD Form 214 effective 10 May 1971 should be corrected to reflect the same SSN as shown on his previous DD Form 214.
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 showing on his DD Form 214, effective 10 May 1971, the same SSN as shown on his previous DD Form 214, effective 26 March 1968.
_______ _ 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) AR20140003727
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ABCMR Record of Proceedings (cont) AR20140003727
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