IN THE CASE OF:
BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140008958
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that the fifth digit of his Social Security Number (SSN) is an 8.
2. The applicant states that his DD Form 214 incorrectly reflects that the fifth digit of his Social Security Number (SSN) is a 0.
3. The applicant provides copies of his DD Form 214, Honorable Discharge Certificate, 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 was inducted on 15 February 1967. At the time of his induction he provided an SSN that contains an 8 as the fifth digit. .
3. On 27 January 1969, he was honorably released from active duty (REFRAD) as an overseas returnee. His DD Form 214 issued at the time of his REFRAD shows an SSN with a 0 as the fifth digit.
4. Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. At the time the applicant was inducted he provided the SSN that is contained on his Social Security Card and he served his entire period of service using that SSN.
2. However, at the time of his REFRAD, an administrative error occurred that resulted in his DD Form 214 being incorrectly prepared to reflect an SSN that contains a 0 as the fifth digit.
3. Accordingly, his DD Form 214 should be corrected to reflect the SSN that is contained 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 showing on his DD Form 214 the SSN that is reflected 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) AR20140008958
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140008958
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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