IN THE CASE OF:
BOARD DATE: 6 October 2015
DOCKET NUMBER: AR20150003139
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) ending on 2 September 1969 to show his social security number (SSN) as "099-XX-XXXX" instead of
"009-XX-XXXX."
2. The applicant states, in effect, that his DD Form 214 must show the correct SSN in order for him to receive a Florida drivers license that identifies him as a veteran.
3. The applicant provides:
* DD Form 214
* Honorable Discharge (HD) Certificate
* Special Orders Number 245
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 9 December 1966, the applicant enlisted in the Regular Army.
3. The applicant's DD Form 4 (Enlistment Contract-Armed Forces of the United States) does not list his SSN. He served continuously until he was honorably released from active duty (REFRAD) on 2 September 1969.
4. A review of his available military personnel records shows his SSN as
"099-XX-XXXX" on the following documents:
* Special Orders 245
* Record of Emergency Data
* DA Form 137 (Installation Clearance Record)
* DA Form 873 (Certificate of Clearance and/or Security Determination Under [Executive Order] 10450)
5. Item 3 (SSN) of the DD Form 214 issued to the applicant at the time of his REFRAD shows his SSN as "009-XX-XXXX" vice "099-XX-XXXX."
6. He provides a copy of his HD Certificate and Special Orders 245 that show his SSN as 099-XX-XXXX."
7. Army Regulation 635-5 (Separation Documents), in effect at the time of his service, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. It states that the complete name and SSN of the separating service member will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 with an ending date of
2 September 1969 should be corrected to show his SSN as "099-XX-XXXX vice "009-XX-XXXX" was carefully considered.
2. The evidence of record shows his Record of Emergency Data, DA Form 137, and DA Form 873 listed his correct SSN as "099-XX-XXXX."
3. It appears that the applicant's DD Form 214 lists the incorrect SSN as a result of a clerical error.
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 changing the applicant's DD Form 214, item 3, to show his SSN as it is shown on his HD Certificate.
___________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) AR20150003139
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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