BOARD DATE: 23 April 2015
DOCKET NUMBER: AR20140014652
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 records to show his social security number (SSN) as "XXX-XX-X1XX" instead of "XXX-XX-X2XX."
2. The applicant states the SSN recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is incorrect.
3. The applicant provides a copy of his social security card and DD Form 214.
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 U.S. Army on 1 September 1965. At the time the applicant was inducted, the U.S. Armed Forces did not use the SSN for identification; he was issued a service number.
3. A DA Form 41 (Record of Emergency Data), prepared by the applicant on
1 September 1965, shows he entered "XX4-XX-X1XX" in the SSN block.
4. A DD Form 214 (Copy 2 Record Copy and Copy 5 Notification of Separation Copy) shows the applicant was honorably released from active duty (REFRAD) on 15 August 1967 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). Item 3 shows his SSN as "XX5-XX-X2XX."
5. Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 08-1163786, dated 18 August 1971, honorably discharged the applicant from the USAR Control Group (Standby) effective 31 August 1971. The orders show his SSN as
"XX4-XX-X1XX."
6. In support of his request the applicant provides the following documents.
a. A copy of his Social Security card that shows his name and his recorded social security number as "XX4-XX-X1XX."
b. His DD Form 214 (Copy 1 Individual's Copy) that shows in item 3
"XX4-XX-X2XX" (the third digit appears to have been changed from "5" to "4").
DISCUSSION AND CONCLUSIONS:
1. The U.S. Army was not using the SSN for identification purposes at the time the applicant enlisted. However, upon entry into military service, his SSN was recorded in his military records as "XX4-XX-X1XX."
2. The available evidence shows the applicant's correct SSN was entered in his military records during the period of his active duty. However, it appears that during his separation processing an administrative error occurred resulting in the incorrect listing of his SSN when he was REFRAD.
3. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his correct 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 from item 3 of his DD Form 214 the current entry 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.
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