BOARD DATE: 16 June 2015
DOCKET NUMBER: AR20140017948
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 "4xx-xx-xxxx" vice "0xx-xx-xxxx."
2. The applicant states his DD Form 214 listed the wrong SSN.
3. The applicant provides his DD Form 214 and 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, 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. In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he disclosed his SSN as "4xx-xx-xxxx." He authenticated this form with his signature.
3. He was inducted into the AUS on 4 January 1967. His DD Form 47 (Record of Induction) listed his Serial Number; it did not list his SSN. His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty listed his SSN as "0xx-xx-xxxx (the number "0" is listed as the first digit).
4. His records contain multiple documents that reflect his SSN with the number "0" as the first digit. He authenticated some of these documents, as required, with his signature. These documents include multiple assignment, reassignment, and separation orders.
5. On 23 December 1968, Headquarters, U.S. Army Personnel Center, Fort Lewis, WA published Special Orders Number 358 separating him from active duty. The orders listed his SSN as "4xxx-xx-xxxx."
6. He was honorably released from active duty on 23 December 1968. Item 3 (SSN) of his DD Form 214 shows his SSN as "0xx-xx-xxxx" (the number "0" instead of the number "4" as the first digit).
7. He provides a social security card that lists his name and the requested SSN (4xx-xx-xxxx).
8. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows upon his induction into the AUS the applicant disclosed his SSN as "4xx-xx-xxxx." This SSN is consistent with the SSN shown on some documents in his service record and the social security card he provides. It appears an administrative error occurred when his DD Form 214 was processed. In view of the foregoing, his DD Form 214 should be corrected as recommended below.
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 3 of his DD Form 214 the current entry and replacing it with the SSN shown on his social security card (4xx-xx-xxxx).
_______ _ 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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