IN THE CASE OF:
BOARD DATE: 23 October 2014
DOCKET NUMBER: AR20140005073
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 X72-XX-XXXX vice X27-XX-XXXX.
2. The applicant states the SSN shown on his DD Form 214 is incorrect; the second and third digits are reversed.
3. The applicant provides a printout from the Social Security Administration (SSA).
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 7 January 1967, in conjunction with his enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN with the second and third digits as "72."
3. On 13 February 1967, he enlisted in the Regular Army. His DD Form 4 (Enlistment Record - Armed Forces of the United States) shows only his assigned service number (SN) and not his SSN.
4. His DA Form 20 (Enlisted Qualification Record), created upon his entry on active duty, shows his SSN with the second and third digits as "72."
5. His record contains several orders and personnel and medical documents that show his SSN with the second and third digits as "72."
6. Special Orders Number 13, issued by the U.S. Army Flight Training Center and Fort Stewart, Fort Stewart, GA on 20 January 1970, released him from active duty effective 12 February 1970. These orders show his SSN with the second and third digits as "27."
7. On 12 February 1970, he was honorably released from active duty. Item 3 (SSN) of his DD Form 214 shows his SSN with the second and third digits as "27."
8. On 15 May 2012, he was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty). Item 3 (SSN) of this DD Form 215 shows his SSN with the second and third digits as "27."
9. He provides an SSA printout, dated 13 January 2014, which shows his assigned SSN with the second and third digits as "72."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that upon his enlistment in the Regular Army, the applicant listed his SSN with the second and third digits as "72," and this is the SSN he used throughout his active duty service. It appears an administrative error occurred on his separation orders, dated 20 January 1970, and his SSN was inadvertently listed with the second and third digits as "27." This error was compounded when his DD Form 214 and DD Form 215 were prepared using the same incorrect SSN. Therefore, it would be appropriate to correct his DD Form 214 and DD Form 215 to show his SSN as it is shown on the SSA printout.
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 his DD Form 214 and DD Form 215 by deleting the SSN shown in item 3 of each form and replacing it with the SSN as shown on the SSA printout.
_______ _ 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) AR20140005073
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ABCMR Record of Proceedings (cont) AR20140005073
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