IN THE CASE OF:	  

		BOARD DATE:	  17 October 2013

		DOCKET NUMBER:  AR20130004996 


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) to show the first digit of his social security number (SSN) as "5" instead of "3."  

2.  The applicant states:

* His SSN is incorrect on his DD Form 214 
* The error is currently delaying his application for federal employment
* Please see attached documentation proving the correct SSN
* He believes an administrative error was made

3.  The applicant provides copies of:

* His DD Form 214
* State of Georgia Driver’s License
* SSN card
* Indiana Birth Certificate
* Department of Veterans Affairs Printout

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 enlisted in the Regular Army on 28 December 1988.

3.  The applicant's Army Military Human Resource Record (AMHRR), (formerly known as the Official Military Personnel File) includes documents which show various SSN's.  However, it also contains a DD Form 4/1 (Enlistment/Reenlistment Document) and DA Form 2-1 (Personnel Qualification Record) which list the SSN he claims is correct (5xx-xx-xxxx).

4.  On 10 December 1992, the applicant was honorably released from active duty.  Item 3 (SSN) of the applicant’s DD Form 214 lists the first digit of his SSN as "3." 

5.  The applicant provided his SSN card which shows the first digit of his SSN as "5."

6.  Army Regulation 635-5 (Separation Documents) 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 would be entered on the DD Form 214.   

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant entered active duty and he served under an SSN using the first digit of his SSN as "5" as listed on the DD Form 4/1 and DA Form 2-1, as corroborated and confirmed by the SSN card provided by the applicant.  As a result, it appears the SSN entry on the applicant's DD Form 214 was the result of a typographical error.

2.  In view of the foregoing, it would be appropriate to correct his DD Form 214 to show the proper SSN.

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 amending item 3 of his DD Form 214 by replacing the SSN listed with the SSN as shown on his DD Form 4/1.




      _______ _   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)                                         AR20130004996



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ABCMR Record of Proceedings (cont)                                         AR20130004996



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