IN THE CASE OF:
BOARD DATE: 16 June 2015
DOCKET NUMBER: AR20140018837
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) for the period ending 5 April 1968 to show his social security number (SSN) as "xxx-x2-xxx9" vice "xxx-x7-xxx7."
2. The applicant states his DD Form 214 listed the wrong SSN.
3. The applicant provides his DD Forms 214 for the periods ending 5 April 1968 and 31 December 1978.
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's records show he previously served in the Regular Army from 3 December 1958 to 7 March 1962. His records for that period are not available for review with this case.
3. He enlisted in the Regular Army for 6 years on 6 April 1962. His DD Form 4 (Enlistment Record) listed his Serial Number; it did not list his SSN.
4. On 30 December 1964, he completed a DD Form 398 (Statement of Personal History) wherein he disclosed his SSN as "xx-x2-xxx9." He authenticated this form with his signature.
5. He was honorably discharged from active duty on 5 April 1968 for the purpose of immediate reenlistment. Item 3 (SSN) of his DD Form 214 for this period of service listed his SSN as "xxx-x7-xxx7."
6. He then served through multiple reenlistments and ultimately retired from active duty on 31 December 1978. His service documents from 1968 to 1978 and his retirement DD Form 214 listed his SSN "xxx-x2-xxx9."
7. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs 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 following his enlistment in the Regular Army in 1962, he completed a DD Form 398 in December 1964 and listed his SSN as "xxx-x2-xxx9." His subsequent reenlistments and retirement DD Form 214 also listed this SSN. It appears when his 1968 DD Form 214 was processed his SSN was inadvertently listed as "xxx-x7-xxx7." 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 for the period ending 5 April 1968 the current entry and replacing it with the SSN shown on his retirement DD Form 214 (xxx-x2-xxx9).
_______ _ _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) AR20140018837
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ABCMR Record of Proceedings (cont) AR20140018837
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