IN THE CASE OF:
BOARD DATE: 9 June 2015
DOCKET NUMBER: AR20140018700
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, in effect, correction of item 3 (social security number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his SSN as "X22-XX-XXXX" instead of "X52-XX-XXXX."
2. The applicant states his DD Form 214 contains an error in his SSN. He discovered the error when he requested a Department of Veterans Affairs mortgage loan. He can't believe it took this many years for anyone, including himself, to notice.
3. The applicant provides a copy of his DD Form 214.
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 was inducted into the U.S. Army on 5 August 1968. At the time of his induction, he was assigned and identified with a service number starting with "US" for United States. His records contain the following:
* DD Form 398 (Statement of Personal History), dated 5 August 1968, which does not list his SSN
* DD Form 47 (Record of Induction), dated 5 August 1968, which lists his SSN as "X22-XX-XXXX"
* Special Orders (SO) Number 153, dated 5 August 1968, which lists his SSN as "X22-XX-XXXX"
* DA Form 41 (Record of Emergency Data), dated 16 January 1969, which lists his SSN as "X22-XX-XXXX"
* DA Form 20 (Enlisted Qualification Record), dated 18 November 1969, which lists his SSN as "X22-XX-XXXX"
* SO Number 67, dated 8 March 1970, which lists his SSN as "X22-XX-XXXX"
3. He was released from active duty on 8 March 1970. Item 3 of his DD Form 214 lists his SSN as "X52-XX-XXXX."
4. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The regulation stated item 3 would list the SSN verified in the Soldier's records.
DISCUSISON AND CONCLUSIONS:
The applicant's DD Form 47 and DA Forms 41 and 20 list his SSN as "X22-XX-XXXX." Therefore, the evidence of record is sufficient to warrant correction of item 3 on his DD Form 214 to list his SSN as "X22-XX-XXXX" as shown on these documents.
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 SSN listed and replacing it with the same SSN as listed on his DD Form 47.
___________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) AR20140018700
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140018700
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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