IN THE CASE OF:
BOARD DATE: 5 February 2015
DOCKET NUMBER: AR20140011323
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-x102.instead of xxx-xx-x016
2. The applicant states the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides copies of:
* DD Form 214
* Social Security Card
* Social Security Administration (SSA) Printout dated 25 September 2013
* Driver License
* Passport
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 27 May 1970. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his SSN as "xxx-xx-x016."
3. The applicant's Official Military Personnel File (OMPF) contains a DA Form 428 (Application for Identification Card) dated 2 June 1970, which lists his SSN as "xxx-xx-x016." It also contains a DA Form 428 dated 6 August 1971, which lists his SSN as "xxx-xx-x102."
4. A review of the documents contained in the applicant's OMPF shows his SSN fluctuates between both numbers.
5. The applicant was discharged on 17 January 1972. His DD Form 214 shows his SSN as xxx-xx-x016."
6. The applicant provides a copy of his Social Security Card and a Social Security administration (SSA) Printout which show his SSN as "xxx-xx-x102."
7. Army Regulation 635-8 (Separation Processing and Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. The DD Form 214 is a summary of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and his supporting evidence has been considered.
2. It is unclear how two different SSN were recorded in the applicant's OMPF. However, it would be appropriate to correct his DD Form 214 to show his SSN as recorded on his DA Form 428 dated 6 August 1971 and the Social Security Card he provided.
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 amending his DD Form 214 to show his SSN as recorded 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) AR20140011323
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ABCMR Record of Proceedings (cont) AR20140011323
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