IN THE CASE OF:
BOARD DATE: 4 June 2015
DOCKET NUMBER: AR20140018302
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his permanent social security number (SSN).
2. The applicant states that at the time of his induction, while he knew his SSN, he did not have his permanent social security card with him and was issued a temporary SSN which is reflected on his DD Form 214.
3. The applicant provides a one-page letter explaining his application, copies of his DD Form 214, Estimated Earnings during Military Service, discharge orders, and a notice from the United States Postal Service.
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. The applicant was inducted on 25 August 1969 and was issued a temporary SSN at the time of his induction. However, his records contain a DD Form 398 (Statement of Personal History) dated 23 August 1969 indicating his permanent SSN.
3. He completed his training and was transferred to Fort Hood, Texas where he remained until he was honorably released from active duty (REFRAD) on
24 August 1971. He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD contains his temporary SSN.
4. On 1 July 1969, the Army discontinued the issuance and use of the military service number and began using the SSN for identification. Prior to 1 July 1969, service members were not required to maintain an SSN in their record; however, they were usually recorded when provided by the individual Soldier.
5. Army Regulation 635-5 (Separation Documents) served as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation. Changes that occur subsequent to the date the DD Form 214 is issued are not authorized for entry on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided his permanent SSN at the time of his induction and for reasons that are not explained in his official records, he was issued a temporary SSN.
2. Accordingly, his DD Form 214 should be corrected to reflect the SSN contained on his DD Form 398.
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 the temporary SSN contained on his DD Form 214 and replacing it with the SSN contained on his DD Form 398.
_______ _ _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) AR20140018302
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ABCMR Record of Proceedings (cont) AR20140018302
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