BOARD DATE: 1 September 2015
DOCKET NUMBER: AR20150001863
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-XX-XXX2" instead of "XXX-XX-XXX5."
2. The applicant states the SSN shown on his DD Form 214 contains a typographical error.
3. The applicant provides copies of his DD Form 214 and his 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. On 28 December 1965, the applicant completed a DD Form 398 (Statement of Personal History). He listed his SSN as "XXX-XX-XXX2," as it is shown on his social security card.
3. He was inducted into the Army on 4 January 1966. At the time of his induction he was issued a service number as his primary military identification number. This number was used throughout his active duty service in lieu of his SSN.
4. On 7 October 1967, the applicant was honorably released from active duty as an overseas returnee. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation. Item 3 (SSN) on the DD Form 214 he was issued at the time shows his SSN as
"XXX-XX-XXX5."
5. On 3 January 1972, the applicant was honorably discharged from the USAR at the expiration of his term of service. Letter Orders Number 12-1326346 show "XXX-XX-XXX2" as his SSN, which is the same SSN shown on his social security card.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. His DD Form 398 shows the same SSN as the social security card he provided.
3. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in the listing of an incorrect SSN.
4. It would be appropriate at this time to correct the applicant's DD Form 214 to show his SSN as shown on his social security 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 amending Item 3 on his DD Form 214 to show his SSN as shown on his 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.
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