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ARMY | BCMR | CY2014 | 20140009904
Original file (20140009904.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	19 February 2015

		DOCKET NUMBER:  AR20140009904


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-1547" instead of "XXX-XX-672."

2.  The applicant states his SSN is incorrectly shown on his DD Form 214. 

3.  The applicant provides copies of 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 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.  On 30 January 1966, in preparation for his impending enlistment, the applicant completed a DD Form 398 (Statement of Personal History), wherein he listed his SSN as "XXX-XX-1547." 

3.  On 31 January 1966, the applicant enlisted in the Regular Army.  His          DD Form 4 (Enlistment Record – Armed Forces of the United States) identifies him by his service number; his SSN is not listed on this form.

4.  His record contains a DA Form 20 (Enlisted Qualification Record) that was completed on or about 5 February 1966.  Item 1 (Name (Last, First, Middle Initial) and Service Number) of this form contains a pen and ink entry of his SSN, which shows his SSN as "XXX-XX-1547."   

5.  On 30 January 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows in – 

* Item 2 (Service Number) "RA XX XXX 672"
* Item 3 (SSN) "XXX XX 672"

6.  The documents contained within his military personnel records jacket (MPRJ) identify him by either his service number or the requested SSN.  The requested SSN appears on more than one occasion, indicating he did use that SSN during his period of military service.  

7.  He provides his social security card that shows his SSN as "XXX-XX-1547."   

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate, reflective of the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his SSN as "XXX-XX-1547." 

2.  The evidence of record shows he enlisted in the Regular Army on 31 January 1966, and at the time of his enlistment his SSN was represented as
"XXX-XX-1547."  This SSN appears on official documents contained within his MPRJ. 

3.  The evidence shows he served under the SSN he claims is correct.  He submitted his social security card to establish his correct SSN.  It appears his SSN is incorrectly listed on his DD Form 214.  In fact, it appears the preparer entered the last 3 digits of his service number in place of the last 4 digits of his SSN.  Therefore, it would be appropriate to correct his DD Form 214 to show his 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 current SSN entry from item 3 of his DD Form 214 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)                                         AR20100016576



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ABCMR Record of Proceedings (cont)                                         AR20140009904



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