IN THE CASE OF:
BOARD DATE: 28 October 2014
DOCKET NUMBER: AR20140005192
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 his records to shows his social security number as XX9-XX-XXXX vice XX1-XX-XXXX.
2. He states his SSN is incorrect.
3. He provides a printout from the Social Security Administration.
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 24 January 1977, the applicant enlisted in the South Carolina Army National Guard and was ordered to active duty for training on 22 July 1977. Item
2 (SSN) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows his SSN as XX9-XX-XXXX.
3. Every document in his personnel record shows his SSN as XX9-XX-XXXX.
4. His DD Form 214 shows that was released from active duty on 22 October 1977. Item 3 (SSN) of his DD Form 214 shows his SSN as XX1-XX-XXXX.
5. He submitted a printout from the Social Security Administration, dated
20 March 2014, that shows his SSN as XX9-XX-XXXX.
6. Army Regulation 635-5 (Separation Documents) in effect at the time prescribed policies and procedures regarding separation documents. It also establishes standardized policy for preparing and distributing the DD Form 214. The purpose of a separation document is to provide the individual with evidence of his or her military service at the time of separation. It states for item 3, the individual's SSN is entered.
DISCUSSION AND CONCLUSIONS:
Documents in his personnel record correctly list his SSN as XX9-XX-XXXX; however, it appears his SSN was incorrectly transcribed to his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show the SSN shown on his DD Form 4.
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 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) AR20140005192
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ABCMR Record of Proceedings (cont) AR20140005192
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