IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20140017695
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 "XXX-XX-XXX0" instead of "XXX-XX-XXX8."
2. The applicant states, in effect, when the SSN on his DD Form 214 is compared to the SSN listed on his social security card that was issued by the Social Security Administration it is clear the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides copies of his DD Form 214, DD Form 256A (Honorable Discharge Certificate), and social security card, and a letter from the Wood County Veterans Service Office, Marshfield, Wisconsin, dated 30 September 2014.
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 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 completed a DD Form 398 (Statement of Personal History) on
8 May 1968, wherein he listed his SSN as "XXX-XX-XXX0."
3. The applicant was inducted into the Army of the United States (AUS) on
14 May 1968. His DD Form 47 (Record of Induction) identifies him by his service number. Additionally, his SSN is entered in item 1 (Last Name Middle Name Last Name) of this form as "XXX-XX-XXX0."
4. He was honorably released from active duty on 13 May 1970. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-XXX8."
5. The documents contained within his military personnel records jacket (MPRJ) identify him by his service number or one of three different SSNs: The contested SSN, the requested SSN, or "XXX-XX-XXX9." The requested SSN appears throughout his record, on multiple occasions, and appears to be the SSN he was most identified with during his period of military service.
6. He provides his social security card that shows his SSN as "XXX-XX-XXX0."
7. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflective of the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his SSN as "XXX-XX-XXX0."
2. The evidence of record shows he was inducted into the AUS on 14 May 1968, and at the time of his induction his SSN was represented as "XXX-XX-XXX0." This SSN appears on official documents contained within his MPRJ.
3. The evidence shows he served under the SSN he claims is correct. He submitted his social security card to establish his correct SSN. It appears his SSN is incorrectly listed on his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as it is 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 the current SSN entry from item 3 of his DD Form 214 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) AR20100016576
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ABCMR Record of Proceedings (cont) AR20140017695
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