IN THE CASE OF:
BOARD DATE: 6 October 2015
DOCKET NUMBER: AR20150003198
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 X8X-XX-XXXX vice X9X-XX-XXXX.
2. The applicant states he was recently reviewing his military records and noticed he did not have his DD Form 214. When he was discharged from the Michigan Army National Guard (MIARNG) he received National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service). He sent in a request for his DD Form 214 and when he received a copy of it, he noticed his SSN was incorrect.
3. The applicant provides his DD Form 214, NGB Form 22, and a social security benefit statement.
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 records show he enlisted in the MIARNG on 9 May 1967. His DD Form 4 (Enlistment Record Armed Forces of the United States), dated 9 May 1967, shows only his ARNG serial number (SN) and not his SSN.
3. He entered active duty for training (ADT) on 12 June 1967. His DA Form 20 (Enlisted Qualification Record) that would have been created upon his entry on active duty is not available for review with this case.
4. His record contains several personnel, orders, and medical records that only show his SN and not his SSN.
5. He was honorably released from ADT on 28 October 1967 to the control of the MIARNG. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the second digit as 9.
6. The applicant provides and his record contains NGB Form 22 that shows he was honorably discharged from the MIARNG on 8 May 1973. Item 32 (Remarks) of this form shows his SSN with the second digit as 8. He also provides a social security benefit statement for 2014 wherein it shows his SSN with the second digit as 8.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant used the SSN with the second digit as 8 during his service in the MIARNG. It is reasonable to presume that a typographical error occurred during the preparation of his DD Form 214 and his SSN was inadvertently entered incorrectly. His DD Form 214 should be corrected to show his SSN as it is shown on his NGB Form 22.
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 deleting the SSN in item 3 of his DD Form 214 and replacing it with the SSN as shown in item 32 of his NGB Form 22.
_______ _ __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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ABCMR Record of Proceedings (cont) AR20150003198
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