IN THE CASE OF:
BOARD DATE: 21 May 2015
DOCKET NUMBER: AR20140017065
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 item 32 (Remarks) 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-98XX" instead of "XXX-XX-93XX."
2. The applicant states the SSN listed on his DD Form 214 is incorrect and needs to be corrected for future purposes.
3. The applicant provides a copy of his social security card.
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant was inducted into the Army of the United States on 24 March 1964. At the time of his induction, he was assigned and identified with a service number starting with "US" for United States. His records contain the following:
* DA Form 41 (Record of Emergency Data), dated 14 June 1964, which lists his SSN as "XXX-XX-98XX"
* DA Form 24 (Service Record), for the period 24 March 1964 through 23 March 1966, which lists his SSN as "XXX-XX-98XX"
3. He was released from active duty on 23 March 1966 and was transferred to the U.S. Army Reserve (USAR) Control Group. Item 32 of his DD Form 214 lists his SSN as "XXX-XX-93XX."
4. His record is void of his USAR discharge orders.
5. He provided a copy of his Social Security Card which lists his SSN as "XXX-XX-98XX."
6. Army Regulation 635-5 (Separation Documents, in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The regulation stated item 32 would list the SSN verified in the Soldier's records.
DISCUSISON AND CONCLUSIONS:
The applicant's DA Forms 41 and 24 and Social Security Card list his SSN as "XXX-XX-98XX." Therefore, the evidence of record is sufficient to warrant correction item 32 of his DD Form 214 to list his SSN as "XXX-XX-98XX" as shown on his social security card.
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 from item 32 of his DD Form 214 the SSN listed and replacing it with the same SSN as listed on his social security card.
____________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) AR20140017065
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ABCMR Record of Proceedings (cont) AR20140017065
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