IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150003101
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, in effect, correction of item 3 (Social Security Number (SSN)) on his DD Form 214 (Armed forces of the United States Report of Transfer or Discharge) for the period ending 24 July 1969 to show his SSN as "XXX-XX-9XXX" instead of "XXX-XX-5XXX."
2. The applicant states the SSN shown on his DD Form 214 for the period ending 24 July 1969 is incorrect.
3. The applicant provides a copy of 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 14 September 1966, the applicant completed a DD Form 398 (Statement of Personal History). He listed his SSN as "XXX-XX-9XXX," as it is shown on his Social Security Card. He enlisted in the Regular Army on 16 September 1966.
3. He was honorably discharged on 24 July 1969. His DD Form 214 lists his SSN as "XXX-XX-5XXX."
4. The applicant reenlisted in the Army on 25 July 1969. His enlistment contract shows the same SSN he listed on his DD Form 398. The same SSN is shown on every document contained in his official record requiring its use, except for his DD Form 214 for the period ending 24 July 1969.
5. On 21 April 1971 he was discharged. His DD Form 214 for this period shows his SSN as it is listed on his DD Form 398.
6. The applicant provides a copy of his Social Security Card and it shows his SSN as "XXX-XX-9XXX."
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 duty. 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 DD Form 398 shows the same SSN as his DD Form 214 for the period ending on 21 April 1971 and every document contained in his official record requiring its use, except for his DD Form 214 for the period ending on 24 July 1969.
2. It is unclear how two different SSN were recorded in the applicant's record. It appears to have been the result of an administrative error at the time that his DD Form 214 for the period ending on 24 July 1969 was prepared. Therefore based on this administrative error, it would be appropriate to correct his DD Form 214 to show his SSN as 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 item 3 on his DD Form 214 for the period ending 24 July 1969 to show his SSN as it is 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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