IN THE CASE OF:
BOARD DATE: 18 November 2014
DOCKET NUMBER: AR20140005625
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 the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 March 1965 and a DD Form 44 (Record of Military Status of Registrant).
2. The applicant states the SSN listed on his DD Form 214 and DD Form 44 is incorrect. It is not the same as that listed on his social security card.
3. The applicant provides:
* DD Form 214
* DD Form 44
* copy of 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 19 June 1964, the applicant enlisted in the U.S. Army Reserve (USAR).
3. Item 37 (Remarks) of his DD Form 4 (Enlistment Record - Armed Forces of the United States) shows his SSN as XXX-XX-4X4X.
4. Item 13 (Employment) on his DD Form 398 (Statement of Personal History) shows he entered his SSN as XXX-XX-4X4X.
5. His DD Form 214 shows he entered active duty for training on 14 September 1964. On 11 March 1965, he was honorably released from active duty for training for return to the USAR. His DD Form 214 and DD Form 44 show his SSN as XXXX-XX-4X4X.
6. His DA Form 20 (Enlisted Qualification Record) audited in June 1969 and a DA Form 41 (Record of Emergency Data) dated in August 1964 and reviewed in June 1969 show his SSN as XXX-XX-9X9X with the last four digits lined through and changed to show the last four digits as 4X4X.
7. The social security card he submits shows his SSN as XXX-XX-9X9X.
DISCUSSION AND CONCLUSIONS:
1. The SSN the applicant provided at the time of his enlistment in the USAR was XXX-XX-4X4X.
2. Though it appears this SSN was used throughout his military service, it also appears there was some confusion regarding his correct SSN. Therefore, it would be appropriate to correct his DD Form 214 at this time to reflect the SSN as shown on his social security card.
3. Although the same SSN error is present on the applicant's DD Form 44, this form is no longer in the inventory and cannot be corrected. However, a copy of this Record of Proceedings will be filed in his Official Military Personnel File to clarify any questions concerning his SSN and the SSN listed on his DD Form 44. The applicant may also use this Record of Proceedings to explain why the form cannot be corrected.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 his social security card.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting the SSN on the DD Form 44 to reflect the same SSN as that 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) AR20140005625
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140005625
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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