BOARD DATE: 13 November 2014
DOCKET NUMBER: AR20140005709
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 her records to show her social security number (SSN) as XXX-XX-X46X vice XXX-XX-X64X.
2. The applicant states the numbers "4" and "6" in the SSN on her DD Form 214 (Certificate of Release or Discharge from Active Duty) are transposed.
3. The applicant provides her DD Form 214 and 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, 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 29 November 1983, the applicant enlisted in Regular Army. Item 2 (SSN) of her DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows her SSN as XXX-XX-X64X.
3. On 26 November 1986, she was released from active duty and transferred to the United States Army Reserve. Item 3 (SSN) of her DD Form 214 shows her SSN as XXX-XX-X64X.
4. Her record contains:
a. Orders Number 94-12, dated 31 July 1987, which show her SSN as XXX-XX-X64X with handwritten entry 46; and
b. Orders Number D-11-099984, dated 22 November 1989, which show her SSN as XXX-XX-X46X.
5. She submitted her social security card which shows her SSN as XXX-XX-X46X.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. The regulation then in effect provided that the Soldier's SSN would be entered in item 3 of the DD Form 214 and to verify the accuracy of the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. The documents in the applicant's record show two different social security numbers when she served in the Army, to include the SSN she is requesting.
2. The evidence of record shows her SSN appeared as XX-XX-X64X on the majority of the documents in her available service personnel and health records throughout her period of military service. However, two sets of orders show the SSN she requests.
3. Based on her SSN card, her SSN is actually XXX-XX-X46X. Therefore, she is entitled to correction of her DD Form 214 to show the SSN shown on her Social Security card.
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 her DD Form 214 the current entry and replacing it with the SSN as shown on her 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) AR20140005709
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ABCMR Record of Proceedings (cont) AR20140005709
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