IN THE CASE OF:
BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140004877
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 Social Security Number (SSN) as 290-XX-XXXX instead of 296-XX-XXXX.
2. The applicant states the SSN listed on his DD Form 214 is incorrect.
3. The applicant provides a copy of a Department of Veterans Affairs (VA) letter, dated 1 March 2012, showing SSN as 290-XX-XXXX.
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. The applicant was inducted on 9 November 1965. Soldiers were assigned Army service numbers for identification purposes. His DD Form 47 (Record of Induction) contains a hand-written entry of his SSN as 290-XX-XXXX.
3. There are no other documents in his record showing he used an SSN during his active duty service.
4. He was honorably released from active duty on 8 November 1967. Item
3 (SSN) of his DD Form 214 shows his SSN as 296-XX-XXXX.
5. Army Regulation 635-5 (Separation Documents) in effect at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that when he was inducted, his induction record listed his SSN as 290-XX-XXXX. This SSN is consistent with the SSN shown on the VA letter he provides with his application to the Board. It appears that during the preparation of his DD Form 214 an administrative error occurred resulting in his SSN being incorrectly listed. In view of the foregoing, his DD Form 214 should be corrected as recommended below.
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 SSN entry and replacing it with the SSN listed on his DD Form 47.
_____________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) AR20140004877
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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