IN THE CASE OF:
BOARD DATE: 16 June 2015
DOCKET NUMBER: AR20140019100
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-X4-XXXX" instead of "XXX-X2-XXXX."
2. The applicant states, in effect, he did not previously notice the incorrect SSN on his DD Form 214.
3. The applicant provides copies of 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. The applicant was inducted into the Army of the United States on 15 September 1966.
3. His records include a DD Form 398 (Statement of Personal History) and a DA Form 41 (Record of Emergency Data) that show his SSN as "XXX-X4-XXXX."
4. He was honorably released from active duty and transferred to the U.S. Army Reserve on 25 August 1968. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-X2-XXXX."
5. He provides a copy of his social security card, which shows his SSN as "XXX-X4-XXXX."
6. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as "XXX-X4-XXXX" has been carefully reviewed and determined to have merit.
2. The applicant's record contains a DD Form 398 and a DA Form 41 that shows his SSN as "XXX-X4-XXXX," as it is shown on his social security card. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in his SSN being incorrectly listed as "XXX-X2-XXXX." Therefore, his DD Form 214 should be corrected to reflect the SSN as shown 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 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 current SSN shown in item 3 of his DD Form 214 and replacing it with the SSN 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) AR20140011877
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ABCMR Record of Proceedings (cont) AR20140019100
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