IN THE CASE OF:
BOARD DATE: 22 October 2015
DOCKET NUMBER: AR20150003871
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 "XXX-38-XXXX" instead of "XXX-08-XXXX."
2. The applicant states his SSN is shown on his DD Form 214 as "XXX-08-XXXX"; however, it should be shown as "XXX-38-XXXX." He believes a typographical error occurred when his DD Form 214 was prepared.
3. The applicant provides his DD Form 214 and 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 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 enlisted in the Regular Army on 10 February 1966. His DD Form 4 (Enlistment Record Armed Forces of the United States) identifies him by his service number; his SSN does not appear on this form.
3. The applicant completed a DD Form 398 (Statement of Personal History) on 14 February 1966, wherein he listed his SSN as "XXX-38-XXXX."
4. He was honorably released from active duty and transferred to the U.S. Army Reserve on 17 January 1969. Item 3 (SSN) of his DD Form 214 identifies his SSN as "XXX-08-XXXX."
5. His military personnel records jacket (MPRJ) contains documents that identify him by both the contested and requested SSNs; however, the requested SSN does appear on numerous documents.
6. He provides a copy of his social security card, which identifies his SSN as "XXX-38-XXXX."
7. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military 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, reflective of the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his SSN as "XXX-38-XXXX."
2. The evidence of record shows that at the time of the applicant's enlistment on 10 February 1966, his SSN was represented as "XXX-38-XXXX," which is the SSN he used when completing his DD Form 398, an allied enlistment document. This SSN appears on other official documents contained within his MPRJ.
3. The evidence shows he served under the SSN he claims is correct. He submitted his social security card to establish his correct SSN. It appears his SSN is incorrectly listed on his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as it is listed 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 the evidence presented is 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 current SSN entry from item 3 of his DD Form 214 and replacing it with the SSN as 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) AR20100016576
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150003871
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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