IN THE CASE OF:
BOARD DATE: 14 July 2015
DOCKET NUMBER: AR20140020829
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 "174-XX-XXXX" instead of "164-XX-XXXX."
2. The applicant states, in effect, that a clerical error resulted in the incorrect SSN being recorded on his DD Form 214. He didn't notice the error until he looked at the form when he was moving.
3. He provides 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. On 13 January 1965, the applicant was inducted into the Army of the United States.
3. The applicant's DD Form 47 (Record of Induction) does not list his SSN, only his service number and his selective service number. He served continuously until he was honorably discharged on 4 January 1967.
4. The applicant's SF 88 (Medical Report of Examination) at induction lists his selective service number vice his SSN.
5. A review of his available military personnel records, many of which bear his signature, shows his service number or his selective service number only. However, only one form, DA Form 41 (Record of Emergency Data), shows his SSN as "174-XX-XXXX".
6. Item 32 (Remarks) of his DD Form 214 issued to the applicant at the time of his separation shows his SSN as "164-XX-XXXX."
7. He provides a social security card that shows his SSN as "174-XX-XXXX."
8. Army Regulation 635-5 (Separation Documents), in effect at the time of his service, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. It states that the complete name and SSN of the separating service member will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his correct SSN as "174-XX-XXXX" was carefully considered.
2. The evidence of record shows his service number or selective service number was consistently used in all of his official military personnel files vice his SSN, except in one document, a DA Form 41.
3. His social security card shows his SSN is "174-XX-XXXX."
4. In light of the available evidence, it appears the applicant's DD Form 214 lists the wrong SSN as a result of a clerical 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 changing the applicant's DD Form 214, item 32, to show his SSN as it 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) AR20140020829
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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