IN THE CASE OF:
BOARD DATE: 3 September 2015
DOCKET NUMBER: AR20150000725
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) for the period ending 14 December 1973 to show his social security number (SSN) as "243-xx-xxxx" instead of "234-xx-xxxx."
2. The applicant states his SSN was typed incorrectly on his DD Form 214.
3. The applicant provides:
* DD Forms 214 for the periods ending 14 December 1973 and 3 October 1969
* Certificate of Training, Military Worker Course
* Certificate of Test of General Educational Development, High School Level
* Letter Orders Number 09-1062653
* Certificate for award of the Army Commendation Medal
* Certificate of Appreciation
* Extension of enlistment
* Request for award of primary military occupational specialty
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
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. In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) on 2 October 1966 and listed his SSN as "243-xx-xxxx" (the numbers "4" and "3" in the second and third digits). He authenticated this form with his signature.
3. He enlisted in the RA on 4 October 1966. His DD Form 4 (Enlistment Contract-Armed Forces of the United States) listed his service number; it did not list his SSN. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his SSN as "243-xx-xxxx."
4. He was honorably released from active duty on 3 October 1969 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement). Item 3 (SSN) of his DD Form 214 for this period of service listed his SSN as "243-xx-xxxx."
5. He enlisted in the RA on 7 July 1970. Item 1 (Service Number) of his DD Form 4 for this period listed his SSN as "243-xx-xxxx." His updated DA Form 20 also listed his SSN as "243-xx-xxxx."
6. He was honorably discharged on 29 March 1971 for the purpose of immediate reenlistment. Item 3 of his DD Form 214 for this period of service listed his SSN as "234-xx-xxxx" (the second and third digits were transposed).
7. He reenlisted in the RA on 30 March 1971. His service records contain and he provides multiple documents listing his SSN as "243-xx-xxxx." He authenticated some of these documents with his signature. They include:
* 1968 Form W-2 (Wage and Tax Statement)
* DA Form 41 (Record of Emergency Data)
* NGB Form 22
* Multiple assignment, reassignment, and/or separation orders
* Multiple certificates and award orders
8. He was honorably discharged from active duty on 14 December 1973. Item 3 of his DD Form 214 for this period of service listed his SSN as "234-xx-xxxx" (the second and third digits were transposed).
9. He enlisted in the Army National Guard (ARNG) on 1 March 1974 and he was discharged from the ARNG on 25 November 1975. His NGB Form 22 listed his SSN as "243-xx-xxxx."
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed a DD Form 398 listing his SSN as "243-xx-xxxx." His enlistment contracts listed a similar SSN. Aside from his DD Forms 214 ending on 29 March 1971 and on 14 December 1973, which listed his SSN as "234-xx-xxxx," the SSN he disclosed is consistent with the SSN recorded throughout his military service and the one he now requests. One can only conclude that a typographical error occurred when his DD Forms 214 were processed.
2. Given his service records, it appears that a clerical error occurred in the preparation of his DD Forms 214 in 1971 and in 1973. Therefore, his DD Forms 214 for both periods of service should be corrected to show his SSN with the numbers "43" instead of the numbers "34" in the second and third digits.
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 amending item 3 of his DD Forms 214 for the periods ending 29 March 1971 and 14 December 1973 to show an SSN with the numbers "43" instead of the numbers "34" in the second and third digits (as shown on the 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.
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