IN THE CASE OF:
BOARD DATE: 1 October 2015
DOCKET NUMBER: AR20150003571
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 (Report of Separation from Active Duty) by showing his correct social security number (SSN).
2. The applicant states his SSN is incorrectly entered on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 effective 5 September 1969.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 31 May 1965 the applicant enlisted in the Idaho Army National Guard. He was assigned a National Guard service number. SSNs were not used by the military at that time.
3. A DD Form 220 (Active Duty Report) dated 13 May 1968 indicates the applicant entered active duty as a member of the 116th Engineer Battalion, Idaho Falls, Idaho. This form shows the SSN he claims is correct as xxx-48-xxxx. The following documents in his military records also contain this same SSN.
* Special Orders Number 87, 116th Engineer Battalion, dated 1 September 1968 announcing his Sharpshooter Marksmanship qualification Badge
* DA Form 873 (Certificate of Clearance and/or Security Determination Under EO 10450) dated 25 November 1968 showing his confidential clearance
* Special Orders Number 69, 116th Engineer Battalion, dated 16 March 1969, announcing his promotion to specialist 6
4. On 5 September 1969, the applicant was released from active duty and returned to state control. His DD Form 214 for this period of active duty service shows his SSN as xxx-38-xxxx.
5. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including DD Form 214. The DD Form 214 is a summary of a Soldier's 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. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected by showing his correct SSN.
2. After reviewing the available evidence in the applicants military records it is apparent that his SSN was entered incorrectly on his DD Form 214 with a separation date of 5 September 1969. Accordingly, it would be appropriate to correct this 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 showing on his DD Form 214 his SSN as indicated on his DD Form 220 dated 13 May 1968.
___________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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20150003571
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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