IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140011699
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 the social security number (SSN) on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states:
* when he first joined the service they wrote down the wrong SSN
* he went back to change his paperwork, but something happened higher up
* he provided copies of documents with the right and wrong numbers
3. The applicant provides his:
* DD Form 214 with a separation date of 22 April 1991
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) dated 30 January 1999
* NGB Form 23B (Army National Guard Retirement Points History Statement), dated 11 May 2000
* 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, and 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 South Carolina Army National Guard (SCARNG) on 31 January 1987 and was ordered to active duty on 30 November 1990 in support of Operations Desert Storm/Desert Shield.
3. On 22 April 1991, he was released from active duty and returned to the SCARNG. Item 3 (SSN) of his DD Form 214 shows his SSN as XX3-XX-XXXX.
4. His available record contains and he submitted the following documents which show his SSN as XX8-XX-XXXX:
* NGB Form 22
* NGB Form 23B
* his social security card
5. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. The regulation then in effect provided that the Soldier's SSN would be entered in item 3 of the DD Form 214 and would be taken from the military personnel record.
DISCUSSION AND CONCLUSIONS:
The documents in the applicant's record show he consistently served in the SCARNG under XX8-XX-XXXX which is verified by his social security card. The evidence shows the SSN entered on his DD Form 214 issued on 22 April 1991 upon the conclusion of his period of mobilized service is incorrect. Therefore, he is entitled to a correction of his DD Form 214 issued on 22 April 1991 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 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 from item 3 of his DD Form 214 issued on 22 April 1991 the current entry 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) AR20140011699
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140011699
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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