BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140008621
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 the social security number (SSN) listed on his social security card.
2. He states, in effect, the SSN was typed incorrectly on his DD Form 214 and he did not recognize the error until 2011. It was brought to his attention by a representative at the Veterans Affairs Regional Office (VARO), Wichita, KS. The VARO shows his correct SSN in their system, but he was told he should have it corrected for future reference of his VA headstone and possible VA benefits for his spouse when he is deceased.
3. He provides his social security card and 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 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 was inducted into the Army of the United States on 22 July 1965.
3. His service record includes his DA Form 41 (Record of Emergency Data) and DD Form 398 (Statement of Personal History) which both show the SSN listed on his social security card.
4. He was released from active duty on 14 July 1967. His DD Form 214 shows and SSN that is different from his social security card.
5. He provided a copy of his social security card which shows the correction he is requesting.
DISCUSSION AND CONCLUSIONS:
1. The applicant entered active service on 22 July 1965. At that time, a military service number was issued for the purpose of identification. However, his military personnel records contain a DA Form 41 and DD Form 398 which show the SSN that is shown on his social security card.
2. The social security card provided by the applicant confirms his SSN. Therefore, his DD Form 214 should be corrected to show his SSN as it is recorded on his social security card.
BOARD VOTE:
________ ________ ________ 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 the current SSN entry from his DD Form 214 and replacing it with the SSN listed on his social security card.
_______ _ _______ ___
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) AR20140008621
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ABCMR Record of Proceedings (cont) AR20140008621
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