BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20150003091
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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "X56-XX-XXXX" instead of "X65-XX-XXXX."
2. The applicant states the SSN shown on his DD Form 214 is incorrect.
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. The applicants DD Form 4 (Enlistment or Reenlistment Agreement-Armed Forces of the United States) shows he enlisted in the Texas Army National Guard (TXARNG) on 27 September 1977 and his SSN is listed as
"X56-XX-XXXX."
3. The applicant was ordered to active duty effective 27 December 1990, for the purpose of deployment. He was released from active duty on 18 March 1991 and he was transferred to the 217th Medical Hospital (Evacuation), San Antonio, Texas. Item 3 (SSN) on his DD Form 214 lists his SSN as "X65-XX-XXXX."
4. On 1 May 1992, the applicant was discharged from the TXARNG and he was transferred to the Retired Reserve. His NGB Form 22 (Report of Separation and Record of Service) lists his SSN as "X56-XX-XXXX."
5. The only document in the applicant's official record that lists his SSN as "X65-XX-XXXX" is the DD Form 214 dated 18 March 1991.
6. The applicant provides a copy of his social security card and it shows his SSN as "X56-XX-XXXX."
7. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. His enlistment contract for the TXARNG and NGB Form 22 shows SSN
"X56-XX-XXXX." His DD Form 214 is the only document in his official record that show a different SSN.
2. It is unclear how the error occurred. However, it would be appropriate to correct his DD Form 214 to show the SSN recorded 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 his DD Form 214 to show the SSN recorded 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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