IN THE CASE OF:
BOARD DATE: 18 June 2015
DOCKET NUMBER: AR20140019698
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 (Report of separation from Active Duty) by showing his correct social security number (SSN).
2. The applicant states his SSN is incorrectly entered on his DD Form 214.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 2 August 1972, the applicant was inducted into the Army of the United States. A review of the applicants military records revealed that documents on file that required an SSN entry contained both the number he now claims to be correct and the number he claims as incorrect. Those documents showing the number he now claims to be correct include:
* DA Form 20 (Enlisted Qualification Record)
* DD form 1584 (National Agency Check Request), dated 4 August 1972
* DA Form 428 (Application for Identification Card) dated 16 March 1973
* DD Form 1407 (Dependent Medical Care and DD form 1173 Statement) dated 30 July 1974
* DA Form 1811 (Physical and Mental Status on Release from Active Service) dated 1 August 1974
3. On 1 August 1974, the applicant was released from active duty. His
DD Form 214 shows his SSN different from what he claims to be correct and with what is shown on the above listed forms.
4. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected by showing his correct SSN.
2. After reviewing the available documents in the applicants military records it is apparent that his SSN was entered incorrectly on his DD Form 214. Accordingly, it would be appropriate to correct this error.
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 showing on his DD Form 214 his social security number as indicated on his DA Form 20.
_____________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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20140019698
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