IN THE CASE OF:
BOARD DATE: 24 March 2015
DOCKET NUMBER: AR20140014190
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) and service number (SN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his SSN is shown as XX3-XX-XX75 instead of XX4-XX-XX57 and his SN is shown as USXXXXXXX5 instead of USXXXXXXX9.
3. The applicant provides a copy of what appears to be a partially reconstructed DD Form 214 and a 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. The applicant was inducted into the Army of the United States on 8 January 1964.
3. The applicant's military records consistently show his SSN as XX8-XX-XX57 throughout his military service.
4. The applicant's military records consistently show his SN as USXXXXXXX9 throughout his military service as he requests.
5. There is no evidence SN USXXXXXXX5 was ever used during his military service. In addition, there is no evidence SSN XX4-XX-XX57 was ever used during his military service.
6. On 4 January 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 2 (SN) of the DD Form 214 contained in his official military personnel file shows the entry USXXXXXXX9. An entry in item 32 (Remarks) of this DD Form 214 list his SSN as XX8-XX-XX75.
7. The applicant provides a Social Security Card that shows his SSN as
XX8-XX-XX57. He also provides what appears to be a partially reconstructed DD Form 214. Item 2 of this form shows the entry USXXXXXXX5. Item 32 of this form lists his SSN as XX8-XX-XX75.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. 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. Upon his induction and consistent throughout his military service the applicant's SSN is listed as XX8-XX-XX57. While the applicant requests his SSN to be listed as XX4-XX-XX57, he submits a Social Security Card bearing his name and signature with the number XX8-XX-XX57. The DD Form 214 contained in his official military records clearly contains a typographical error; therefore, item 32 of his DD Form 214 should be corrected to list his SSAN as XX8-XX-XX57.
2. Evidence contained in the applicant's official military records, to include his
DD Form 214, shows he served under SN USXXXXXXX9 throughout his military service. Although the applicant provides what appears to be a partially reconstructed DD Form 214 which shows his SN as USXXXXXXX5, there is no evidence SN USXXXXXXX5 was ever used by the applicant during his military service.
3. In view of the foregoing, he should be granted partial relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the SSN entry in item 32 and replacing it with the SSN listed on the Social Security Card provided by the applicant.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to listing his SSN as XX4-XX-XX57 and correcting his SN on his DD Form 214.
__________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) AR20140014190
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ABCMR Record of Proceedings (cont) AR20140014190
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