IN THE CASE OF:
BOARD DATE: 15 October 2015
DOCKET NUMBER: AR20150003275
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 "XX5-XX-XX7X" instead of "XX5-XX-XX8X."
2. The applicant states his SSN is listed incorrectly on his DD Form 214.
3. The applicant provides copies of the following:
* DD Form 214
* social security card
* state operator license
* birth certificate
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.
2. The applicant was inducted into the Army of the United States on 12 May 1959. At the time of his induction he was assigned a service number. His records contain the following:
* DD Form 47 (Record of Induction), dated 12 May 1959, which does not list his SSN
* DD Form 93 (Record of Emergency Data), dated 12 May 1959, which lists his SSN as "XX4-XX-XX7X"
* DA Form 24 (Service Record), covering the period 12 May 1959 through 20 February 1961, which lists his SSN as "XX5-XX-XX8X"
* DA Form 20 (Enlisted Qualification Record) which does not list his SSN
3. He was released from active duty on 20 February 1961 and was transferred to the U.S. Army Reserve (USAR) Control Group. Item 32 (Remarks) of his DD Form 214 lists his SSN as "XX5-XX-XX8X."
4. His records also contain the following:
* DA Form 41 (Record of Emergency Data), dated 11 March 1962, showing his SSN was corrected to be shown as "XX5-XX-XX7X"
* DA Form 24, covering the period 20 February 1961 through 11 May 1965, showing his SSN was corrected to be shown as "XX5-XX-XX7X"
5. He provided copies of the following:
* social security card which lists his SSN as "XX5-XX-XX7X"
* state operator license which does not list his SSN
* Marshall County Board of Health Local Record of Birth Certificate, recorded on 26 August 1949, identifying an individual with the same name and date of birth of record as the applicant
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 was a summary of a Soldiers most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation stated item 32 would list the SSN verified in the Soldier's record.
DISCUSISON AND CONCLUSIONS:
The evidence of record shows the applicant's SSN of record was corrected to be shown as "XX5-XX-XX7X," the same SSN as listed on his social security card. The correct SSN is not listed on his DD Form 214.
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 from item 32 of his DD Form 214 the SSN listed and replacing it with the SSN 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.
ABCMR Record of Proceedings (cont) AR20150003275
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150003275
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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