IN THE CASE OF:
BOARD DATE: 18 November 2014
DOCKET NUMBER: AR20140005915
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 item 3 (social security number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, his DD Form 214 incorrectly lists his SSN as "XX9-X0-8XX7" and it should be listed as "XX7-X8-2XX3." In effect, he needs it corrected in order to receive benefits from the Department of Veterans Affairs.
3. The applicant provides a copy of his DD Form 214.
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the Regular Army on 23 October 1967. At the time of his enlistment, he was assigned and identified by a service number beginning with "RA" for Regular Army. His military records contain the following:
* DD Form 398 (Statement of Personal History), dated 8 September 1967, which lists his SSN as "XX7-X8-2XX3"
* DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 23 October 1967, which stated in item 30 (Remarks) his SSN was unknown
* DA Form 20 (Enlisted Qualification Record), dated 25 April 1970, which lists his SSN as "XX9-X0-8XX7"
* DA Form 41 (Record of Emergency Data), dated 9 June 1970, which lists his SSN as "XX7-X8-2XX3"
3. He was released from active duty on 12 November 1970 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). Item 3 of his DD Form 214 lists his SSN as "XX9-X0-8XX7."
4. His records also contain the following:
* U.S. Army Administration Center (USAAC) Form 171 (Army Reserve Status and Address Verification, dated 18 June 1971, which shows he advised officials of his incorrect SSN and a system update was initiated on 20 September 1971 to show his correct SSN as "XX7-X8-2XX3"
* Letter Orders Number 09-1253329 discharging him from the USAR on 1 October 1973; the orders list his SSN as "XX7-X8-2XX3"
5. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 3 would list the SSN verified in the Soldier's records.
DISCUSISON AND CONCLUSIONS:
The applicant's DD Form 398 and DA Form 41 list his SSN as "XX7-X8-2XX3." Additionally, a USAAC Form 171 noted a system update was initiated to correct his SSN to "XX7-X8-2XX3." His USAR discharge orders also list that SSN. Therefore, the evidence of record is sufficient to warrant correction item 3 of his DD Form 214 to list his SSN as "XX7-X8-2XX3," as shown on his DD Form 398.
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 SSN listed and replacing it with the same SSN listed on his DD Form 398.
___________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) AR20140005915
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ABCMR Record of Proceedings (cont) AR20140005915
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