IN THE CASE OF:
BOARD DATE: 3 February 2015
DOCKET NUMBER: AR20140009800
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:
a. his social security number (SSN) as 533-XX-XXXX and
b. he was inducted on 15 January 1964, not 15 January 1966.
2. The applicant states:
* his SSN is incorrect
* the entry date (year) is incorrect
3. The applicant provides:
* DD Form 214
* 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 DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 15 January 1964. His undated DD Form 398 (Statement of Personal History) that he completed during his induction processing shows he listed his SSN as 533-XX-XXXX.
3. Headquarters, 101st Airborne Division and Fort Campbell, Special Orders Number 4, dated 6 January 1966, show he was released from active duty on 14 January 1966.
4. His DD Form 214 shows in:
* item 11d (Effective Date) 14 January 1966
* item 16 (Date Inducted) 15 January 1966
* item 24a(1) (Net Service This Period) 2 years
* item 32 (Remarks) his SSN as 532-XX-XXXX
5. He provided a copy of his social security card that shows his SSN as
533-XX-XXXX.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 398 shows he recorded his SSN as 533-XX-XXXX when he was inducted in 1964, the same SSN shown on his social security card. Therefore, it would be appropriate to correct his DD Form 214 accordingly.
2. Since his DD Form 47 shows he was inducted on 15 January 1964, it appears item 16 of his DD Form 214 is clearly incorrect. Therefore, item 16 of his DD Form 214 should be corrected to show he was inducted on 15 January 1964.
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:
a. deleting the current entry in item 16 of his DD Form 214 and replacing it with the entry "15 Jan 64" and
b. deleting the current SSN entry in item 32 of his DD Form 214 and replacing it with the SSN 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) AR20140009800
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ABCMR Record of Proceedings (cont) AR20140009800
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