IN THE CASE OF:
BOARD DATE: 22 January 2015
DOCKET NUMBER: AR20140010145
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), dated 25 August 1967, be corrected to show the Social Security Number (SSN) that is depicted on his Social Security Card.
2. The applicant states his DD Form 214 contains an incorrect SSN.
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 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 enlisted in the Regular Army on 20 August 1963 for a period of 3 years using the SSN that is contained on his Social Security Card.
3. On 10 September 1964, he was honorably discharged for the purpose of immediate reenlistment. His DD Form 214 issued at the time of discharge shows the SSN that is contained on his Social Security Card.
4. On 11 September 1964, he reenlisted for a period of 3 years.
5. On 25 August 1967, he was honorably released from active duty (REFRAD). His DD Form 214 issued at the time of his REFRAD shows an SSN containing a 6 as the third digit instead of a "2."
6. 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 that is current as of the effective date of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214, dated 25 August 1967, should be corrected to show the SSN that is contained on his Social Security Card has been noted and found to have merit.
2. The applicant served all of his service under the SSN listed on his Social Security Card; however, an administrative error resulted in an incorrect SSN being entered on his final DD Form 214.
3. Accordingly, his DD Form 214 should be corrected to show 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 deleting the SSN contained on his DD Form 214, dated 25 August 1967, and replacing it with the SSN that is contained 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) AR20140010145
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140010145
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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