IN THE CASE OF:
BOARD DATE: 12 February 2015
DOCKET NUMBER: AR20150001184
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 the social security number (SSN) entered in item 3 (SSN) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 September 1993.
2. She states the last digit on her DD Form 214 was typed incorrectly. If the error is not corrected, her enlisted service will not be recognized.
3. She provides her Officer Record Brief (ORB) and her DD Form 214.
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 22 March 1990. Review of her enlistment records shows her SSN was recorded as XXX-XX-XXX2.
3. On 27 September 1993, she was discharged to enter active duty as a commissioned officer. Her Official Military Personnel File contains a scanned copy of the DD Form 214 issued at that time. Item 3 shows her SSN entered as XXX-XX-XXX2; however, due to a stray mark on the scanned copy, the last digit of the SSN could be read as a "9." The scanned copy is the only copy available for review.
4. On 28 September 1993, she took the oath of office as a Reserve commissioned officer. She is currently serving as an RA lieutenant colonel.
5. Review of her records, to include the ORB she provides, shows she has served exclusively under the SSN XXX-XX-XXX2.
DISCUSSION AND CONCLUSIONS:
1. It appears that the applicant's SSN was entered correctly on the DD Form 214 in question. Unfortunately, the SSN on the copy available in her records could easily be misread due to a stray mark that appears to have been introduced when the form was scanned.
2. In the interest of clarifying the ambiguous entry on her DD Form 214, it would be appropriate to issue a DD Form 215 (Correction to DD Form 214) correcting item 3 of her DD Form 214 to show the SSN entered on her ORB.
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 issuing a DD Form 215 amending item 3 of her DD Form 214 for the period ending 27 September 1993 to show the SSN listed on her ORB.
__________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) AR20150001184
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ABCMR Record of Proceedings (cont) AR20150001184
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