IN THE CASE OF:
BOARD DATE: 18 November 2014
DOCKET NUMBER: AR20140005335
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, in effect, correction of the social security number (SSN) shown on his DD Form 214 (Report of Separation from Active Duty) for the period ending 16 August 1974 to show 098-XX-XXXX.
2. The applicant states his SSN was incorrectly recorded due to clerical error at the time of his enlistment. He requested correction of the error; however, his SSN was never changed.
3. The applicant provides a Department of Veterans Affairs statement of service and 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. On 18 August 1972, he enlisted in the Regular Army. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his SSN as 125-XX-XXXX.
3. Item 13 (Employment) of the DD Form 398 (Statement of Personal History) which he completed at the time of his enlistment shows 125-XX-XXXX as his SSN in the block provided for that information.
4. A DA Form 3082-R (Statement of Medical Condition), dated 15 August 1974, shows his SSN as 098-XX-XXXX. An undated DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement) shows his service number as
125-XX-XXXX and his SSN as 098-XX-XXXX. It appears these documents were completed by the applicant.
5. On 16 August 1974, he was honorably released from active duty. His DD Form 214 shows his SSN as 125-XX-XXXX.
6. The social security card he submits shows his SSN as 098-XX-XXXX.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows the applicant served throughout nearly all of his active duty service using the SSN used at the time of his enlistment, including on his DD Form 214.
2. However, a DA Form 3082-R dated 1 day prior to his release from active duty shows his SSN as 098-XX-XXXX. It appears the SSN shown on his social security card was a matter of record during his active duty service. Therefore, it would be appropriate to change his DD Form 214 to reflect the SSN as shown on the social security card he submits.
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 the current SSN entry from his DD Form 214 and replacing it with the SSN shown on the social security card he submits.
____________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) AR20140005335
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ABCMR Record of Proceedings (cont) AR20140005335
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