BOARD DATE: 12 February 2015
DOCKET NUMBER: AR20140011125
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 social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 21 November 1970.
2. The applicant states the SSN on his DD Form 214 is incorrect.
3. The applicant provides his:
* 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. On 22 March 1968, he enlisted in the Regular Army. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his SSN with the last four numerals listed as "6482."
3. His DA Form 20 (Enlisted Qualification Record) shows his SSN with the last four numerals listed as "6482."
4. On 21 November 1970, he was released from active duty. Item 3 (SSN) of his DD Form 214 shows his SSN with the last four numerals listed as "6428."
5. There is no DA Form 2139 (Military Pay Voucher) in his official record.
6. He provided his social security card that shows his SSN with the last four numerals listed as "6482."
7. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.
a. The purpose of the separation document was 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 was important that information entered on the form was complete and accurate and reflected the conditions as they existed at the time of separation.
b. The SSN in item 3 of the DD Form 214 was transcribed from the Soldier's DA Form 2139.
DISCUSSION AND CONCLUSIONS:
His DD Form 4, DA Form 20, and his social security card all show his SSN with the last four numerals listed as "6482." Therefore, there is sufficient evidence to correct his DD Form 214 to show the SSN 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 deleting from item 3 of his DD Form 214 with an effective date of 21 November 1970 the current entry 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.
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