IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140020704
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 correct his social security number (SSN).
2. He states his SSN is X4X-XX-XXXX vice X2X-XX-XXXX.
3. He provides his:
* Form ES-970 (Employment Security Commission of North Carolina Unemployment Insurance Division)
* U.S. Army Administration Center (USAAC) Form 170 (Army Reserve Personnel Data Review)
* 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 18 November 1965. Upon his induction he was assigned a Service Number.
3. On 17 November 1967, he was honorably released from active duty after completing 2 years of active military service. His DD Form 214 shows in item 3 (Social Security Number) his SSN as X2X-XX-XXXX.
4. His record is void of any documents showing that he was assigned or used an SSN during his period of active duty service.
5. He submitted a:
a. Form ES-970, dated 1 December 1967, which shows his SSN as X4X-XX-XXXX.
b. USAAC Form 170, dated 27 January 1968, which shows his record was corrected to add the SSN X4X-XX-XXXX.
c. Social Security Card, which shows his SSN as X4X-XX-XXXX.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, 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 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 CONCLUSION:
Documents in the applicant's record show he used a Service Number when he served in an active duty status. However, evidence of record shows he submitted a USAAC Form 170 which shows he requested that his record be corrected to show his SSN as X4X-XX-XXXX while still serving in the Reserves. Therefore, he is entitled to have his DD Form 214 corrected to show the SSN listed 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 the evidence presented is 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 amending his DD Form 214 to show in item 3 his SSN as it appears 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) AR20140007964
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ABCMR Record of Proceedings (cont) AR20140020704
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