IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140015190
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-7XXX" instead of "XXX-XX-9XXX."
2. The applicant states the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides copies of his DD Form 214 and his 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 Regular Army on 18 June 1963. At the time of his enlistment he was issued a service number as his primary military identification number.
3. The applicant's official record contains a DA Form 41 (Record of Emergency Data) dated 15 August 1964, which shows the SSN shown on his social security card.
4. On 8 March 1966, the applicant completed a DD Form 398 (Statement of Personal History). He listed his SSN as "XXX-XX-7XXX," as it is on his social security card.
5. On 8 June 1966, the applicant was honorably released from active duty at the expiration of his term of service. Item 32 (Remarks) on the DD Form 214 he was issued at the time shows his SSN as "XXX XX 9XXX."
6. The applicant provides copies of his Social Security Card which shows the same SSN his shown on his DA Form 41 and his DD Form 398.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states 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. The applicant's contentions have been noted. His supporting evidence has been considered.
2. His DD Form 398 shows the same SSN as the social security card he provided.
3. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in the listing of an incorrect SSN.
4. In view of the foregoing, it would be appropriate at this time to correct the applicant's DD Form 214 to show his 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 32 on his DD Form 214 the entry "SSAN: XXX-XX-9XXX" 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.
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