IN THE CASE OF:
BOARD DATE: 11 December 2014
DOCKET NUMBER: AR20140008254
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-XX-XX9X vice XXX-XX-XX4X.
2. The applicant states the wrong SSN is listed on his DD Form 214.
3. The applicant provides his 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, 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 9 January 1963. His DD Form 4 (Enlistment Record Armed Forces of the United States) shows only his service number (SN) and not his SSN.
3. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows only his SN and not his SSN. His record contains orders, personnel, and medical documents that only show his SN and not his SSN.
4. He completed a DD Form 398 (Statement of Personal History) on 31 January 1964, wherein he listed his SSN with the eighth digit as "9." His record contains an undated DA Form 41 (Record of Emergency Data) that shows his SSN with the eighth digit as "9."
5. He was honorably released from active duty on 28 January 1966 and he was transferred to the U.S. Army Reserve. Item 32 (Remarks) of the DD Form 214 he was issued shows his SSN with the eighth digit as "4."
6. The applicant provides his social security card wherein it shows his SSN with the eighth digit as "9."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant listed his SSN with the eighth digit as "9" while serving in the Regular Army. This is the only SSN that he used during his active duty service. It appears an administrative error occurred during the preparation of his DD Form 214 and his SSN was entered with the eighth digit as "4." Therefore, it would be appropriate at this time to correct his DD Form 214 to show his SSN as it is shown 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 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 amending his DD Form 214 by deleting the SSN shown in item 32 and replacing it with the SSN as shown 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) AR20140008254
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140008254
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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