IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140017323
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 X1X-X0-8XXX vice X3X-XX-9XXX.
2. The applicant states that due to a typing error his SSN is incorrect.
3. The applicant provides his:
* DD Form 214
* 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 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, and 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 December 1966.
3. His record contains a:
* DD Form 398 (Statement of Personal History), dated 6 December 1966, which shows his SSN as X1X-X0-8XXX
* DA Form 3027 (U.S. Army Request for National Agency Check), dated
2 February 1967, which shows his SSN as X1X-X0-8XXX?
4. On 16 January 1969, he was released from active duty after completing
1 year 10 months, and 24 days of active service. Item 3 (SSN) of his DD Form 214 shows his SSN as X3X-X8-9XXX.
5. He submitted his social security card, which shows his SSN as X1X-X0-8XXX.
6. Army Regulation 635-5 (Separation Documents) in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
Documents in the applicant's record show he used SSN X1X-X0-8XXX when he served in an active duty status. Therefore, he is entitled to have his DD Form 214 corrected to show the SSN listed 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 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 from item 3 of his DD Form 214 the current entry and replacing it with the SSN as shown 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) AR20140017323
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ABCMR Record of Proceedings (cont) AR20140017323
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