IN THE CASE OF:
BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140009928
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 "X96-XX-XXXX" vice "X69-XX-XXXX."
2. The applicant states his SSN was incorrectly listed on his DD Form 214.
3. The applicant provides a letter from the Winnebago County Department of Veterans Services, Oshkosh, WI, dated 29 May 2014; his social security card; and his 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's records contain the following documents showing his SSN as "X69-XX-XXXX":
* DD Form 398 (Statement of Personal History), dated 4 March 1969 (typed)
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214
3. The applicant's records contain the following documents showing his SSN as "X96-XX-XXXX":
* DA Form 1584 (National Agency Check Request), dated 19 March 1969 (Document used by the Federal Bureau of Investigation (FBI))
* DA Form 2545 (Cryptographic Access Authorization, Briefing Certificates), dated 3 October 1969
4. He provided a social security card which lists his name and the SSN "X96-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
1. His DD Form 398 was typed, most likely at the recruiting station, vice being handwritten by the applicant. It appears a typographical error occurred when this document was prepared and the second and third digits of his SSN were accidently inverted. This error was subsequently repeated on his DA Form 20 and DD Form 214.
2. However, his DA Form 1584, a document used by the FBI, clearly shows his proper SSN as "X96-XX-XXXX," which is also the SSN listed on the social security card he provided. Therefore, he is entitled to correction of his DD Form 214 to show his SSN as 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 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 correcting his DD Form 214 to show his SSN as listed 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) AR20140009928
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ABCMR Record of Proceedings (cont) AR20140009928
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