IN THE CASE OF:
BOARD DATE: 24 September 2015
DOCKET NUMBER: AR20150002901
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-2100.
2. The applicant states he applied for a Department of Veterans Affairs home loan and he was rejected because of errors on his DD Form 214.
3. The applicant provides:
* Wisconsin Department of Veterans Affairs Form 1042 (Request for Release of Military Separation Records to the County or Tribal Veterans Service Office)
* DD Form 214
* social security card
* driver's license
* unidentified account billing statement
* insurance identification card
* birth certificate
* Department of Veterans Affairs Certificate of Eligibility
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's complete military records are not available for review. However, the available records show he enlisted in the Illinois Army National Guard (ILARNG) on 4 May 1971.
3. On 1 July 1971, he was ordered to initial active duty for training.
4. On 7 November 1971, he was honorably released from initial active duty for training and he was transferred to the ILARNG. His DD Form 214 shows the last digit of his service number as a typographical overstrike consisting of the numbers 6 and 0. His SSN is shown as XXX-XX-2106.
5. On 3 May 1977, he was honorably discharged from the ILARNG. His National Guard Bureau Form 22 for this period of service shows his SSN as
XXX-XX-2100.
6. On 11 December 1984, he enlisted in the ILARNG for a 1-year period. His National Guard Bureau Form 21 (Annex A Enlistment or Reenlistment Agreement Army National Guard), dated 11 December 1984, shows his SSN as XXX-XX-2100.
7. On 10 December 1985, he was honorably discharged from the ILARNG. His National Guard Bureau Form 22 for this period of service shows his SSN as XXX-XX-2100.
8. His available records do not contain a DA Form 2139 (Military Pay Voucher).
9. He provided the following documents in support of his request:
* social security card that lists his name and shows his SSN as
XXX-XX-2100
* driver's license that shows his name
* unidentified account billing statement that lists his name
* Medicare Supplement identification card that lists his name and policy number
* birth certificate
* Department of Veterans Affairs Certificate of Eligibility, dated 11 July 2014, that shows his name and SSN as XXX-XX-2106
10. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. It provided that the purpose of the separation document is to provide an individual with documentary evidence of his or her military service. The instructions stated to transcribe the SSN from the DA Form 2139.
DISCUSSION AND CONCLUSIONS:
It appears his SSN was transcribed incorrectly at the time of his release from initial active duty for training on 7 November 1971. Later enlistment records in the ILARNG show his SSN as it appears on his social security card. His DD Form 214 should be corrected to show his SSN as it appears 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 the evidence presented is 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 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.
ABCMR Record of Proceedings (cont) AR20150002901
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