IN THE CASE OF:
BOARD DATE: 20 August 2015
DOCKET NUMBER: AR20140021107
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, in effect, correction of item 3 (social security number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his SSN as "XXX-XX-XXX8" instead of "XXX-XX-XXX5."
2. The applicant states his SSN needs to be corrected.
3. The applicant provides copies of the following:
* DD Form 214
* social security card
* extracts of his 2012 and 2013 Forms 1040 (U.S. Individual Income Tax Return)
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 the cases 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.
2. The applicant enlisted in the Regular Army on 17 January 1967. At the time of his enlistment, he was assigned and identified with a service number starting with "RA" for Regular Army. His records contain the following:
* DD Form 398 (Statement of Personnel History), 17 January 1967, which lists his SSN as "XXX-XX-XXX8"
* DD Form 4 (Enlistment Record Armed Forces of the United States), dated 17 January 1967, which does not list his SSN
* DA Form 41 (Record of Emergency Data), dated 7 June 1968, which lists his SSN as "XXX-XX-XXX8"
* DA Form 20 (Enlisted Qualification Record), dated 7 June 1968, which lists his SSN as "XXX-XX-XXX5"
3. He was released from active duty on 23 August 1969 and was transferred to a U.S. Army Reserve (USAR) Control Group. Item 3 of his DD Form 214 lists his SSN as "XXX-XX-XXX5."
4. Letter Orders Number 12-1473768, issued by the USAR Components Personnel and Administration Center, discharged him from the USAR on 1 January 1973. The orders list his SSN as "XXX-XX-XXX8."
5. He provided copies of the following:
* social security card which lists his SSN as "XXX-XX-XXX8"
* extracts of 2012 and 2013 Forms 1040 which list his SSN as "XXX-XX-XXX8"
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 the standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 was a summary of a Soldiers 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. The regulation stated item 3 would list the SSN verified in the Soldier's record.
DISCUSISON AND CONCLUSIONS:
The applicant's DD Form 398 and DA Form 41 list his SSN as "XXX-XX-XXX8." Therefore, the evidence of record is sufficient to warrant correction of item 3 of his DD Form 214 to list his SSN as "XXX-XX-XXX8" as shown on his DD Form 398.
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 the SSN listed and replacing it with the same SSN as listed on his DD Form 398.
_______ _ 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) AR20140021107
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ABCMR Record of Proceedings (cont) AR20140021107
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