IN THE CASE OF:
BOARD DATE: 30 April 2015
DOCKET NUMBER: AR20140015334
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 "5X4-XX-XXXX" instead of "4X5-XX-XXXX."
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. He believes it is the result of an administrative error.
3. The applicant provides copies of a DA Form 2139-1 (Military Pay Voucher) and 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 Army National Guard (ARNG) of the United States (ARNGUS) and South Dakota ARNG (SDARNG) on 8 January 1966. At the time the applicant enlisted, the U.S. Armed Forces did not use the SSN for identification; he was issued a service number.
3. On 8 November 1967, he reenlisted in the ARNGUS and Kansas ARNG. At the time, the U.S. Armed Forces still did not use the SSN for identification.
4. Troop E (-), 114th Cavalry, 69th Infantry Brigade, McPherson, KS, Unit Orders Number 14, dated 30 April 1968, ordered the applicant to active duty effective
13 May 1968 for a period of 24 months. The orders show his SSN as
"5X4-XX-XXXX."
5. Headquarters, U.S. Army Personnel Center, Oakland, CA, Special Orders Number 238, dated 26 August 1969, released the applicant from active duty effective 28 August 1969. The orders show his SSN as "5X4-XX-XXXX."
6. The applicant's DD Form 214 shows he entered active duty this period on
13 May 1968, was honorably released from active duty on "28 August 1968" [sic], and transferred to the SDARNG. He had completed 1 year, 3 months, and
16 days of net active service this period. It also shows in
* item 3 (SSN): "4X5-XX-XXXX"
* item 11d (Effective Date): "28 Aug 68"
7. In support of his application the applicant provides a copy of a Military Pay Voucher for the May 1969 pay period that shows his SSN as "5X4-XX-XXXX."
8. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions show for
* item 3, transcribe SSN from DA Form 2139-1
* item 11d, enter date separation is accomplished
DISCUSSION AND CONCLUSIONS:
1. The evidence of record 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 released from active duty. It also appears that an administrative error occurred with respect to the effective date of his release from active duty.
2. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show both his correct SSN and effective date of release from active duty
(i.e., 28 August 1969), as shown on his separation orders.
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:
a. deleting the current entries from item 3 and item 11d of his DD Form 214 and
b. replacing the entries with the SSN as shown on his DA Form 2139-1 and the release from active duty date shown on his separation orders, respectively.
_______ _ _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) AR20140015334
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ABCMR Record of Proceedings (cont) AR20140015334
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