IN THE CASE OF:
BOARD DATE: 6 March 2015
DOCKET NUMBER: AR20140013186
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) by showing his correct social security number (SSN).
2. The applicant states, in effect, the second digit of his SSN is 4 and not 9 as shown on his DD Form 214.
3. The applicant provides copies of:
* 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 2 April 1968, the applicant was inducted into the Army of the United States. A review of the applicants military records revealed the following documents were completed during his period of service that shows the SSN he claims to be correct:
* DD Form 47 (Record of Induction) on reverse side, dated 2 April 1968
* DD Form 1584 (National Agency Check Request), dated 5 April 1968
* DD Form 398 (Statement of Personal History), dated 22 April 1968
3. A DA Form 20 (Enlisted Qualification Record) shows the applicants SSN with the number 9 in the second position.
4. On 17 January 1970, the applicant was released from active duty (REFRAD) and transferred to the U.S. Army Reserve. His DD Form 214 issued at the time shows a number 9 in the second position.
5. The applicants Social Security Card shows his SSN with the number 4 in the second position.
6. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected by showing his SSN with a number 4 in the second position.
2. The applicants Social Security Card clearly shows that his SSN contains a number 4 in the second position. Furthermore, with the exception of his DA Form 20 and his DD Form 214, the documents in his military records show the SSN listed on his Social Security Card.
3. It appears the error originally occurred when the applicants DA Form 20 was initiated. The error was then carried forward to his DD Form 214 at the time of his REFRAD. Therefore, it would be appropriate to correct this error by issuing him a correction to his DD Form 214.
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 listed on his DD Form 214 and adding the SSN as it is listed 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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140013186
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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