IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140015219
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-8684.
2. The applicant states his DD Form 214 contains someone else's SSN.
3. The applicant provides a copy of his 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 enlisted in the Regular Army on 31 August 1965. His records show his SSN was consistently listed as XXX-XX-8684 throughout his service.
3. His records contain a DA Form 41 (Record of Emergency Data) that bears the name of another Soldier with the SSN XXX-XX-4210. This DA Form 41 was erroneously filed in the applicant's records.
4. Headquarters, U.S. Army Armor Center, Special Orders Number 210, dated 27 September 1968, released him from active duty effective 28 September 1968. These orders listed his SSN as XXX-XX-8684.
5. On 28 September 1968, he was honorably released from active duty. His DD Form 214 lists his SSN as XXX-XX-4210.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide an individual with documentary evidence of his or her military service. It is important that information entered on the form is complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. It appears that the applicant's SSN was incorrectly recorded on his DD Form 214 from an erroneously-filed DA Form 41 in his records. This DA Form 41 should be removed from his records.
2. His records show his SSN was consistently recorded as XXX-XX-8684 throughout his service. Therefore, he is entitled to correction of his DD Form 214 to show this SSN.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
a. amending his DD Form 214 to show his SSN as it is listed on Headquarters, U.S. Army Armor Center, Special Orders Number 210, dated 27 September 1968, and
b. removing the erroneously-filed DA Form 41 pertaining to an individual with SSN XXX-XX-4210 from his records.
_______ _ 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) AR20140015219
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