IN THE CASE OF:
BOARD DATE: 7 May 2015
DOCKET NUMBER: AR20140015935
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 "X5X-XX-XXXX" instead of "X2X-XX-XXXX."
2. The applicant states the SSN recorded in his military service records is incorrect.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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. A DD Form 1966 (Application for Enlistment Armed Forces of the United States), prepared and certified by the applicant on 12 March 1981, and recertified by him on 26 May 1981, shows in the header section of pages 2 through 8, the entry "X5X-XX-XXXX" was changed to "X2X-XX-XXXX." It also shows his SSN was verified by his W2 Form.
3. The applicant's DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve (USAR) on 6 April 1981 for a period of 6 years and he further enlisted in the Regular Army (RA) on 26 May 1981 for a period of 3 years. It also shows in item 2 (SSN) "X2X-XX-XXXX" and that the applicant placed his signature on the document on 6 April 1981 and 26 May 1981.
4. Armed Forces Examining and Entrance Station, Little Rock, AR, Enlistment/ Travel Order Number 68-9, dated 6 April 1981, shows the applicant enlisted in the USAR on 6 April 1981 and was ordered to commence extended active duty on 26 May 1981. The orders show his SSN as "X5X-XX-XXXX."
5. The applicant's DD Form 214 shows he entered active duty on 26 May 1981 and he was discharged on 7 June 1983 for the good of the service in lieu of trial by court-martial. He completed 1 year, 11 months, and 20 days of net active service this period and 1 month and 20 days of total prior inactive service. It also shows in item 3 (SSN) the entry "X2X-XX-XXXX."
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214.
a. The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation. Therefore, it is important that the information entered thereon is complete and accurate as of that date.
b. Chapter 1 (General) contained guidance for preparation of the DD Form 214. It stated that all available records would be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record and orders. It shows for item 3, verify accuracy with the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's correct SSN was entered in his military records during the period of service under review. However, for reasons that are not clear, the second digit of the SSN was changed. Thus, it appears that an administrative error occurred during his entrance processing resulting in the incorrect listing of his SSN on the DD Form 214 when he was discharged.
2. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show the SSN listed on Order Number 68-9, dated 6 April 1981.
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 the current entry from item 3 of his DD Form 214 and replacing it with the SSN listed on Order Number 68-9, dated 6 April 1981.
___________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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