BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20150001360
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her social security number (SSN) as XXX-XX-X0XX vice XXX-XX-X8XX.
2. The applicant states, in effect, her SSN is listed incorrectly on her DD Form 214.
3. The applicant provides her 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. The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 15 March 1989. Her DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) that was completed on that date shows her SSN with the seventh digit as 0. She authenticated this form by placing her signature in the appropriate block on that date. She was discharged from the DEP on 28 March 1989.
3. She enlisted in the Regular Army (RA) on 29 March 1989. Her DA Form 2-1 (Personnel Qualification Record) created upon her entry on active duty shows hers SSN with the seventh digit as 0.
4. Her record contains numerous orders, personnel, medical, and legal documents that all show her SSN with the seventh digit as 0. She authenticated many of these documents by placing her signature in the appropriate block.
5. She was honorably discharged from the RA on 28 February 1990. Item 3 (SSN) of the DD Form 214 she was issued shows her SSN and the seventh digit is unclear.
6. The applicant provides her social security card that lists her SSN with the seventh digit as 0.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant listed her SSN with the seventh digit as 0 upon her enlistment in the USAR and the RA. This SSN is consistent with the SSN she used throughout her period of military service. However, the seventh digit listed on her DD Form 214 is unclear. Therefore, it would be appropriate at this time to correct her DD Form 214 to show the SSN as it is listed on her social security card to resolve any ambiguity.
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 current entry from item 3 of her DD Form 214 and replacing it with the SSN listed on her 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) AR20150001360
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ABCMR Record of Proceedings (cont) AR20150001360
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