IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140007748
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), ending on 31 January 1968, to show his social security number (SSN) as "XXX-XX-1497" vice "XXX-XX-4497."
2. The applicant states he completed two periods of service, one as an enlisted Soldier and the other as a commissioned officer. The SSN on his enlisted DD Form 214 is incorrect.
3. The applicant provides copies of DD Forms 214 ending on 31 January 1968 and 17 December 1970. He also provides a 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. The applicant's records show he enlisted in the Regular Army (RA) on
27 February 1967. His DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his Service Number; it did not list his SSN.
3. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his SSN as "XXX-XX-4497" (the number 4 as the sixth digit).
4. He was honorably discharged on 31 January 1968 to accept a commission. Item 3 (SSN) of his DD Form 214 for this period of service lists his SSN as
"XXX-XX-4497."
5. He was appointed as a commissioned officer and entered active duty on 1 February 1968. His DA Form 66 (Officer Qualification Record) which was created upon his change of status (from enlisted to officer) listed his SSN as "XXX-XX-1497" (the number 1 as the sixth digit).
6. Multiple documents exist in his service record his SSN as "XXX-XX-1497." He authenticated some of these documents with his signature, as required, including promotion orders, assignment orders, and a security clearance certificate.
7. He was honorably released from active duty on 17 December 1970. Item 3 of his DD Form 214 for this period of service lists his SSN as "XXX-XX-1497."
8. He provides a copy of a social security card that lists his name and the SSN of "XXX-XX-1497" (1 is listed as the sixth digit).
9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. When the applicant enlisted in the RA in February 1967, he was identified by his Army Service Number. It appears when his DA Form 20 was created it inadvertently listed the sixth digit of his SSN as a "4" instead of a "1." Accordingly, when his DD Form 214 was processed in January 1968, it appears the same administrative error occurred during the preparation of his DD Form 214.
2. When he applied for a commission and he was appointed in 1968, his records reflect the correct SSN, which is the SSN shown on his social security card. He consistently used this SSN throughout his commissioned service.
3. Therefore, it is clear the enlisted DD Form 214 contains an administrative error, and based on the evidence of record, and the evidence provided by the applicant, it would be appropriate at this time to correct his DD Form 214, ending on 31 January 1968 to show the 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 the entry in item 3 of his DD Form 214, ending on 31 January 1968, 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) AR20140007748
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ABCMR Record of Proceedings (cont) AR20140007748
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