IN THE CASE OF:
BOARD DATE: 4 August 2015
DOCKET NUMBER: AR20140015604
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-7932.
2. The applicant states the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides copies of his DD Form 214, birth certificate, social security card, and Honorable Discharge Certificate.
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 Army of the United States on 7 February 1962. His DD Form 47 (Record of Induction) shows his Army service number; it does not show his SSN.
3. His DA Form 20 (Enlisted Qualification Record) and DA Forms 24 (Service Record) (two forms) show his SSN as XXX-XX-7390.
4. His records contain a DA Form 41 (Record of Emergency Data), dated 7 February 1962, that shows his SSN as XXX-XX-7932.
5. He was honorably released from active duty on 6 February 1964. Item 32 (Remarks) of his DD Form 214 shows his SSN as XXX-XX-7390.
6. He provided a copy of a social security card that shows his SSN as
XXX-XX-7932.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. It provided that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is vitally important that information entered on the form is complete and accurate.
DISCUSSION AND CONCLUSIONS:
The applicant's records contain a DA Form 41 that clearly shows his SSN as XXX-XX-7932. This SSN is consistent with the SSN shown on the social security card he provided. Therefore, his DD Form 214 should be corrected to show his SSN as shown on his DA Form 41.
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 deleting the current SSN entry in item 32 of his DD Form 214 and replacing it with the SSN shown on his DA Form 41.
__________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) AR20140015604
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ABCMR Record of Proceedings (cont) AR20140015604
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