IN THE CASE OF:
BOARD DATE: 31 March 2015
DOCKET NUMBER: AR20140014359
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 X83-XX-XXXX vice X38-XX-XXXX.
2. The applicant states the SSN shown on his DD Form 214 is incorrect; the second and third digits of his SSN are 83 and not 38.
3. The applicant provides his DD Form 214 and 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 (AUS) on 10 January 1968. On 13 January 1968, he completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN with the second and third digits as 83.
3. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN with the second and third digits as 38.
4. His record contains legal, personnel, and medical documents, to include a DD Form 1584 (National Agency Check Request), dated 23 January 1968, that all show his SSN with the second and third digits as 83.
5. He was honorably released from active duty on 9 January 1970 and he was transferred to the U.S. Army Reserve. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the second and third digits as 38.
6. The applicant provides his social security card wherein it shows his SSN with the second and third digits as 83.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that upon the applicant's induction into the AUS, he listed his SSN with the second and third digits as 83 and this is the SSN he used throughout his active duty service. It appears an administrative error occurred during the preparation of his DA Form 20 and his SSN was entered with the second and third digits as 38. This error was compounded when his DD Form 214 was prepared and his SSN was entered with the second and third digits as 38. Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as it is 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 amending his DD Form 214 by deleting the SSN shown in item 3 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) AR20140014359
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140014359
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110022683
Application for correction of military records (with supporting documents provided, if any). The applicant completed a DD Form 398 (Statement of Personal History) on 8 February 1966 in connection with his induction into the Army of the United States (AUS) wherein he listed his SSN with the number "0" as the third digit. His DD Form 47 (Record of Induction) lists his service number; it does not list his SSN.
ARMY | BCMR | CY2013 | 20130006099
The FSM completed a DD Form 398 (Statement of Personal History) in connection with his induction into the Army of the United States (AUS). He recorded his SSN as 180-XX-XXXX. The preponderance of the documents in the FSM's Army Military Human Resource Record show his SSN as 130-XX-XXX; however, his DA Form 41 (Record of Emergency Data) also shows his SSN as 180-XX-XXXX.
ARMY | BCMR | CY2014 | 20140017948
Application for correction of military records (with supporting documents provided, if any). In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he disclosed his SSN as "4xx-xx-xxxx." His DD Form 47 (Record of Induction) listed his Serial Number; it did not list his SSN.
ARMY | BCMR | CY2012 | 20120022848
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty), ending on 30 July 1974, to show his social security number (SSN) as "xx7-xx-xxxx" instead of "xx9-xx-xxxx." His DD Form 47 (Record of Induction) listed his service number; it did not list his SSN. He also completed a DD Form 398 in connection with this enlistment and listed his SSN with the numbers as "xx7-xx-xxxx."
ARMY | BCMR | CY2012 | 20120021309
ARMY | BCMR | CY2011 | 20110012243
Application for correction of military records (with supporting documents provided, if any). In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) but he did not list an SSN on this form. His DD Form 47 (Record of Induction) listed his Service Number; it does not list his SSN.
ARMY | BCMR | CY2014 | 20140005878
In connection with the applicant's induction into the Army of the United States (AUS), he completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as "xxx-4x-xxxx" (the number "4" as the third digit). His DD Form 47 (Record of Induction) lists his assigned service number; it does not list his SSN. Therefore, based on the evidence of record and the evidence provided by the applicant, it would be appropriate at this time to correct his DD Form 214 to show the SSN as...
ARMY | BCMR | CY2014 | 20140019409
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. Item 3 (SSN) of his DD Form 214 for listed his SSN as "x89-xx-xxxx." The applicant's completed a DD Form 398 listing his SSN as "x98-xx-xxxx."
ARMY | BCMR | CY2011 | 20110012804
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct social security number (SSN). Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his correct SSN.
ARMY | BCMR | CY2014 | 20140008936
Application for correction of military records (with supporting documents provided, if any). His DD Form 47 (Record of Induction) shows only his service number and not his SSN. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the third digit as "2."