IN THE CASE OF:
BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20150003109
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) and other military records to show his social security number (SSN) as "X1X-XX-XXXX" instead of "X3X-XX-XXXX."
2. The applicant states, in effect, the SSN shown on his DD Form 214 and on other documents in his record 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. On 12 May 1970, the applicant completed a DD Form 398 (Statement of Personal History). He listed his SSN as "X1X-XX-XXXX," as it is shown on his social security card. He was inducted into the Army on 12 May 1970.
3. The applicant's Official Military Personnel File (OMPF) contains a DA Form 41 (Record of Emergency Data) dated 21 March 1972 which shows "X3X-XX-XXXX" as his SSN.
4. On 21 March 1972, the applicant's DA Form 20 (Enlisted Qualification Record) was audited. This form shows his SSN as "X3X-XX-XXXX." However, it was amended by use of a pencil to read "X1X-XX-XXXX."
5. The applicant was honorably released from active duty on 30 March 1972. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation. Item 3 (SSN) on his DD Form 214 shows his SSN as "X3X-XX-XXX." However, the number "3" was penciled through and replaced with the number "1."
6. The applicant provides a copy of his Social Security Card and it shows his SSN as "X1X-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 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 and his DA Form 41 show the same SSN. His DA Form 20 and his DD Form 214 show the same SSN. However, his DA Form 20 and his DD Form 214 were changed by pencil to show the same SSN shown on his DD Form 398 and his DA Form 41.
2. It is unclear how two different SSN were recorded in the applicant's OMPF. However, it would be appropriate to correct his records 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 his DD Form 214 to show his SSN as 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.
ABCMR Record of Proceedings (cont) AR20150003109
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ABCMR Record of Proceedings (cont) AR20150003109
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