BOARD DATE: 7 May 2015
DOCKET NUMBER: AR20140016461
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 (Report of Separation from Active Duty) to show his social security number (SSN) as XXX-XX-XX0X instead of XXX-XX-XX1X.
2. The applicant states he is not sure why his DD Form 214 is incorrect.
3. The applicant provides:
* DD Form 214
* Social Security Account Number (SSAN) Card
* New York State Driver License
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 22 June 1972. Item 1 (Last Name - First Name - Middle Name) of the applicants DD Form 47 (Record of Induction), dated 22 June 1972, shows his SSAN as "XXX-XX-XX1X."
3. On 21 June 1974, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. The DD Form 214 he was issued at the time shows his SSN as "XXX-XX-XX1X."
4. Orders 05-1036544, issued by Department of the Army, Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, dated 23 May 1978, show the applicant was honorably discharged from the USAR Control Group (Standby) effective 21 June 1978. This order lists his SSN as "XXX-XX-XX0X."
5. He provides a copy of his SSAN card which lists his SSN as "XXX-XX-XX0X."
6. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. It stated, in pertinent part, that the complete name and social SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as XXX-XX-XX0X was carefully considered and determined to have merit.
2. The applicant's SSN appears as XXX-XX-XX0X on his discharge orders contained in his military records. As a result, it would be appropriate to correct his DD Form 214 to show his SSN as he requests.
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 SSN entry from item 3 (SSN) of his DD Form 214 and replacing the entry with the SSN shown on Orders 05-103-6544 contained in his military 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.
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