IN THE CASE OF:
BOARD DATE: 13 November 2014
DOCKET NUMBER: AR20140006212
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his Social Security Number (SSN) as XXX-38-XXXX instead of XXX-36-XXXX.
2. The applicant states the SSN listed on his DD Form 214 is incorrect.
3. The applicant provides copies of his:
* Social Security and MEDICARE Cards both showing his SSN as
XXX-38-XXXX
* DD Form 214 showing his SSN as XXX-36-XXXX
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. The applicant enlisted in the Regular Army on 12 July 1965. At that time, Soldiers were assigned Army service numbers for identification purposes. However, the DD Form 398 (Statement of Personal History) which he submitted when he enlisted lists his SSN as XXX-38-XXXX.
3. His record contains Special Orders Number 1, Headquarters, 1st Signal Brigade, 101st Airborne Division, APO San Francisco 96347, dated 1 January 1968, showing the SSN that is listed on his Social Security Card, XXX-38-XXXX, the number he claims is correct:
4. He was honorably released from active duty on 12 April 1968. Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-36-XXXX.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
The applicant's record contains documents showing he used the SSN that is listed on his Social Security Card during his period of active service. It appears an administrative error occurred resulting in the incorrect SSN being listed on his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as it is listed on his 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 his DD Form 214 the current SSN entry and replacing it with the SSN listed 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) AR20140006212
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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