IN THE CASE OF:
BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20140014025
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-X4-XXXX" instead of "XXX-X6-XXXX."
2. The applicant states the incorrect SSN on his DD Form 214 was a result of him not noticing it before.
3. The applicant provides copies of his DD Form 214, social security card, and State of Connecticut Driver License.
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 18 October 1965.
3. His records include a DD Form 398 (Statement of Personal History) and a DA Form 41 (Record of Emergency Data) that shows his SSN as "XXX-X4-XXXX."
4. He was honorably released from active duty and transferred to the United States Army Reserve on 22 August 1968. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-X6-XXXX."
5. He provides copies of his social security card and State of Connecticut Driver License. Only his social security card shows his SSN as it is shown on his DD Form 398 and DA Form 41. His driver license does not show an SSN.
6. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as "XXX-X4-XXXX" has been carefully reviewed and determined to have merit.
2. The applicant's record contains a DD Form 398 and a DA Form 41 that shows his SSN as "XXX-X4-XXXX," as it is shown on his social security card. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in his SSN being incorrectly listed as "XXX-X6-XXXX" instead of "XXX-X4-XXXX." Therefore, his DD Form 214 should be corrected to reflect the SSN as shown 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 the current SSN shown in item 3 of his DD Form 214 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.
ABCMR Record of Proceedings (cont) AR20140011877
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140014025
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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