IN THE CASE OF:
BOARD DATE: 4 November 2014
DOCKET NUMBER: AR20140007523
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 social security number (SSN) shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty), DD Form 47 (Record of Induction), and DD Form 215 (Correction to DD Form 214).
2. The applicant states, in effect, his SSN is shown as "545-XX-XXXX" and should be shown as "546-XX-XXXX."
3. The applicant provides a copy of his DD Form 214, DD Form 215, social security card, and DD Form 256A (Honorable Discharge Certificate).
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 27 September 1966, the applicant was inducted into the Army of the United States. His DD Form 47 shows his SSN as "545-XX-XXXX."
3. His records contain a DA Form 2376 (Notification to State Adjutants General Release from Active Duty of Obligated Reservist), dated 20 September 1968, which shows his SSN as "546-XX-XXXX."
4. On 15 October 1968, he was honorably released from active duty. Item 3 (SSN) of his DD Form 214 shows his SSN as "545-XX-XXXX."
5. On 23 October 2013, he was issued a DD Form 215, amending his DD Form 214. Item 3 (SSN) of his DD Form 215 shows his SSN as "545-XX-XXXX."
6. He provides a copy of his social security card, which shows his SSN as
"546-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
1. The evidence indicates an administrative error occurred during the recording of the applicant's SSN on his DD Form 214 and DD Form 215. As such, it would be appropriate to correct the error at this time.
2. Although the same SSN error is present on the applicants DD Form 47, 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 47. 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 the evidence presented is 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
amending his DD Form 214 and DD Form 215 to show his SSN as shown on his social security card.
2. The Board further determined that the evidence presented was 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 his DD Form 47.
__________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) AR20140007523
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140007523
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