IN THE CASE OF
BOARD DATE: 30 September 2014
DOCKET NUMBER: AR20140004153
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 APPLICANTS REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his records to show his social security number (SSN) as X73-XX-XXXX vice X28-XX-XXXX.
2. The applicant states that the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides his DD Form 214 (Certificate of Release from Active Duty) and 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 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, and 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 21 July 1980, the applicant enlisted in the U.S. Army Reserve and was ordered to active duty for training on 3 December 1980. Item 2 (Social Security Account Number) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows his SSN as X28-XX-XXXX.
3. His record contains a:
a. DA Form 3072-1A (Request for Waiver of Disqualification for Enlistment/Reenlistment in the Regular Army for Personnel Applying from Civilian Life), dated 14 July 1980, that shows his SSN as X28-XX-XXXX;
b. DD Form 1584 (National Agency Check Request), dated 21 July 1980, that shows his SSN as X28-XX-XXXX; and
c. Orders Number, 13-150, dated 20 January 1981, that shows his SSN as X28-XX-XXXX.
4. On 6 May 1981, he was released from active duty after serving 5 months and 4 days of total active service. Item 3 (SSN) of his DD Form 214 shows his SSN as X28-XX-XXXX.
5. His record also contains:
a. Orders Number 61-05, dated 1 September 1982, which show his SSN as X73-XX-XXXX; and
b. Orders Number 029498, dated 24 July 1986, which show his SSN as
X28-XX-XXXX.
6. He submitted his social security card which shows his SSN as X73-XX-XXXX.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. The regulation then in effect provided that the Soldier's SSN would be entered in item 3 of the DD Form 214 and would be taken from the military pay voucher.
DISCUSSION AND CONCLUSIONS:
1. The documents in the applicant's record show two different social security numbers when he served in the Army to include the one he is requesting.
2. The evidence of record shows his SSN appeared as X28-XX-XXXX on the majority of the documents in his available service personnel and health records throughout his period of military service. However, one set of orders does show the SSN he requests.
3. Based on his SSN card, his SSN is actually X73-XX-XXXX. Therefore, he is entitled to correction of his DD Form 214 to show the SSN 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 the evidence presented is 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 his DD Form 214 the current entry and replacing it with the SSN as 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) AR20140004153
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ABCMR Record of Proceedings (cont) AR20140004153
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