BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20140014381
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-XX-5138 instead of XXX-XX-1538.
2. The applicant states his DD Form 214 incorrectly shows his SSN as XXX-XX-1538; a typographical error occurred.
3. The applicant provides:
* DD Form 214
* orders discharging him from the U.S. Army Reserve (USAR)
* letter from the Social Security Administration
* birth certificate
* photocopies of his driver's license 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 enlisted in the USAR on 30 September 1971. He entered active duty for training on 4 January 1972, and he was released from active duty on 6 May 1972 after completing 4 months and 3 days of net active creditable service.
3. His records contain:
a. DD Form 4 (Enlistment Contract - Armed Forces of the United States) on which his SSN is shown as XXX-XX-1538.
b. DA Form 20 (Enlisted Qualification Record) which shows a hand-written correction to his SSN, changing it from XXX-XX-1538 to XXX-XX-5138.
c. DA Form 2 (Personnel Qualification Record - Part I) (prepared 20 February 1976) and DA Form 2-1 (Personnel Qualification Record - Part II) showing his SSN as XXX-XX-5138.
d. Orders 175-183, dated 8 September 1977, issued by Headquarters, Fifth U.S. Army, show the applicant was discharged from the USAR. His SSN is listed as XXX-XX-5138.
4. He provides a copy of his social security card, which shows his SSN as
XXX-XX-5138.
DISCUSSION AND CONCLUSIONS:
A review of the applicant's official military personnel file shows the use of both SSNs, with the one which he contends as incorrect appearing on many documents from early in his term of service. Later documents, to include his DA Form 20 where a hand-written correction was made, show the SSN which he states is correct. Based upon the foregoing, it would be appropriate to grant the requested relief.
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 to show the SSN 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) AR20140014381
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ABCMR Record of Proceedings (cont) AR20140014381
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