IN THE CASE OF:
BOARD DATE: 26 May 2015
DOCKET NUMBER: AR20140017617
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 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 10 January 1969 to show his SSN as "X96-XX-XXXX" instead of "X69-XX-XXXX."
2. The applicant states the second digit of his SSN should be a "9" and the third digit should be a "6"' on his 1969 DD Form 214. He believes the numbers were transposed on this DD Form 214 as a result of a clerical error at the time of his discharge from the Army. He is submitting proof from the Social Security Administration (SSA). He has Parkinson's disease and is now retired. The error was discovered when he applied to the Department of Veterans Affairs (VA). If the correction is not made he will lose his benefits.
3. The applicant provides copies of the following:
* 1969 DD Form 214 (2 copies)
* two letters to the VA
* letter from the SSA
* letter from the VA
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 enlisted in the Regular Army (RA) on 27 March 1961 for 3 years. At the time of his induction, he was assigned and identified with a service number.
3. His records contain a DD Form 4 (Enlistment Record Armed Forces of the United States), dated 27 March 1961, which does not list his SSN.
4. He was honorably discharged on 11 April 1963 for the purpose of immediate reenlistment. Item 32 (Remarks) of his DD Form 214 lists his SSN as "X96-XX-XXXX."
5. He reenlisted in the RA on 12 April 1963. His records also contain the following:
* DA Form 41 (Record of Emergency Data), dated 21 July 1967, which lists his SSN as "X96-XX-XXXX"
* DA Form 20 (Enlisted Qualification Record), dated 25 September 1967, which lists his SSN as "X96-XX-XXXX"
6. He was honorably discharged on 10 January 1969. Item 3 of his DD Form 214 lists his SSN as "X69-XX-XXXX."
7. He provided copies of the following:
* letter, dated 8 June 2010, he submitted to the VA for a claim and remarked that his SSN was incorrect on his DD Form 214
* letter, dated 23 March 2012, wherein the SSA officially verified his SSN as "X96-XX-XXXX"
* letter, dated 4 September 2014, wherein he contacted the VA concerning his actual SSN and the incorrect SSN shown on his DD Form 214
* letter, dated 16 September 2014, wherein the VA advised him that they had no control over inaccurate military records and how to apply for correction of his military records
8. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's 1963 and 1969 separations, governed the preparation of the DD Form 214. The regulations stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The regulations also stated that items 32 and 3 would list the SSN verified in the Soldier's records.
DISCUSISON AND CONCLUSIONS:
The applicant's DA Form 41, DD Form 214 for the period ending 11 April 1963, and SSA letter list his SSN as "X96-XX-XXXX." Therefore, the evidence of record is sufficient to support correction of item 3 of his DD Form 214 for the period ending 10 January 1969 to list his SSN as "X96-XX-XXXX" as shown on his SSA letter.
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 replacing the entry in item 3 of the his DD Form 214 for the period ending 10 January 1969 with SSN listed on his SSA letter.
_____________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) AR20140017617
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ABCMR Record of Proceedings (cont) AR20140017617
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