IN THE CASE OF:
BOARD DATE: 20 August 2015
DOCKET NUMBER: AR20150000235
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-68-XXXX instead of XXX-30-XXXX.
2. The applicant states his SSN is incorrectly listed on his DD Form 214.
3. The applicant provides a copy of his social security account number 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 enlisted in the Regular Army (RA) on 1 February 1968. Item 13 (Employment) of the applicant's DD Form 398 (Statement of Personal History), dated 4 April 1969, shows his SSN as he requests. In addition, his military records contain additional documents which list his SSN as he requests.
3. On 22 January 1970, the applicant was honorably released from active duty as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. Item 3 (SSN) of the DD Form 214 he was issued at the time shows his SSN as "XXX-30-XXXX."
4. He provides a copy of his social security account number card which lists his SSN as "XXX-68-XXXX."
5. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. It stated, in pertinent part, that the complete name and SSN of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The applicant's SSN appears as XXX-68-XXXX on numerous documents contained in his official military record. As a result, it would be appropriate to correct his DD Form 214 to show his SSN as shown on his social security account number 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 SSN listed in item 3 of his DD Form 214 and replacing the SSN as listed on his social security account number 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.
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ABCMR Record of Proceedings (cont) AR20150000235
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