IN THE CASE OF:
BOARD DATE: 18 November 2014
DOCKET NUMBER: AR20140005159
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 "X4X-4X-2XXX" instead of "X1X-1X-1XXX."
2. The applicant states his SSN is incorrectly listed on his DD Form 214.
3. The applicant provides his DD Form 214, a DA Form 2139-1 (Military Pay Voucher), and a copy of his 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, 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 completed a DD Form 398 (Statement of Personal History) in connection with his induction into the Army of the United States (AUS). He listed his SSN as "X4X-4X-2XXX" (a "4" in the second and fourth digits and a "2" in the sixth digit). He authenticated this form with his signature.
3. He was inducted into the AUS on 17 July 1968. His DD Form 47 (Record of Induction) identified him by his Service Number but also listed a hand-written SSN X4X-4X-2XXX as on his DD Form 398.
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed the same as shown on his DD Form 398.
5. His record contains multiple documents listing his SSN as "X4X-4X-2XXX" (a "4" as the second and fourth digits and a "2" as the sixth digit), including:
* Award orders
* Assignment and/or separation orders
* DD Form 1584 (National Agency Check Request)
* DA Form 41 (Record of Emergency Data)
6. He was honorably released from active duty on 19 February 1970. Item 3 (SSN) of his DD Form 214 lists the SSN as "X1X-1X-1XXX" (a "1" in the second, fourth, and sixth digits).
7. He provides a social security card that contains his name and an SSN with "X4X-4X-2XXX" (the requested SSN).
DISCUSSION AND CONCLUSIONS:
The evidence of record shows upon his induction into the AUS he listed his SSN as "X4X-4X-2XXX" (a "4" in the second and fourth digits and a "2" in the sixth digit). This SSN is consistent with the SSN shown on multiple documents in his service record and the social security card he provides. It appears the incorrect SSN was listed on his DD Form 214 during the preparation process as a result of an administrative error. 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 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 deleting from item 3 of his DD Form 214 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) AR20140005159
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140005159
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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