IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140010322
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-78XX" instead of "XXX-XX-37XX."
2. The applicant states his DD Form 214 contains the wrong SSN and he has attached a copy of his social security card that contains his correct SSN.
3. The applicant provides his DD Form 214 and his 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 5 March 1969, the applicant was inducted into the Army of the United States. Item 1 (Last Name First Name Middle Name) of his DD Form 47 (Record of Induction) shows his SSN as "XXX-XX-37XX."
3. Special Orders Number 44, issued by the Armed Forces Examining and Entrance Station, St. Louis, Missouri on 5 March 1969, ordered his induction into the Army of the United States, effective 5 March 1969. These orders show his SSN as "XXX-XX-78XX."
4. His record contains a DA Form 873 (Certificate of Clearance and/or Security Determination Under Executive Order (EO) 10450) that shows on 2 December 1970, he was granted a confidential clearance. This form, completed by the Directorate of Security at Fort Leonard Wood, Missouri, identifies his SSN as "XXX-XX-78XX."
5. His record contains a DA Form 20 (Enlisted Qualification Record) that was completed on 11 March 1969 and reviewed on 22 February 1971. Item 1 (Name (Last, First, Middle Initial) and Service Number) of this form contains a stamped entry of his SSN, which was later corrected by pen. This SSN is shown as "XXX-XX-37XX"; however, the entry is lined through and another pen entry appears above it that identifies his SSN as "XXX-XX-78XX."
6. On 4 March 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-37XX."
7. The documents contained within his military personnel records jacket (MPRJ) identify him by either the contested SSN or the requested SSN. The requested SSN appears on more than one occasion, indicating he did use, or attempt to use, that SSN during his period of military service.
8. He provides his social security card that shows his SSN as "XXX-XX-78XX."
9. 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-78XX" instead of "XXX-XX-37XX."
2. The evidence of record shows he was inducted into the Army of the United States on 5 March 1969, and at the time of his induction his SSN was represented as both "XXX-XX-37XX" and "XXX-XX-78XX." Both numbers appear on official documents contained within his MPRJ; however, security documents identify his SSN as "XXX-XX-78XX," the requested SSN.
3. The evidence is clear that 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; 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140010322
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