IN THE CASE OF: BOARD DATE: 5 December 2013 DOCKET NUMBER: AR20130008340 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 19 April 1967 to show the fifth digit of his social security number (SSN) as "8" versus "9." 2. He states his SSN was incorrectly listed. 3. He provides his 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 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 22 March 1966. At the time of enlistment he was assigned a military service number that was primarily used for identification purposes. The majority of the documents contained in his record during his enlistment show his assigned military service number; however, his record contained a DD Form 398 (Statement of Personal History), dated 16 March 1966, reflecting the fifth digit of his SSN as "8." 3. On 19 April 1967, he was honorably released from active duty to accept a commission as an officer in the U.S. Army Reserve. 4. Item 32 (Remarks) of his 19 April 1967 DD Form 214 shows the fifth digit of his SSN as "9." 5. His social security card shows the fifth digit of his SSN as "8." Additionally, his DD Form 214 for the period ending on 19 April 1970 shows the fifth digit of his SSN as "8." 6. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: It appears the applicant's service number was used throughout his period of enlisted service. However, his DD Form 398 and social security card confirm the fifth digit of his SSN is "8." Therefore, he is entitled to correction of his DD Form 214 to show this SSN. 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 amending his DD Form 214 for the period ending 19 April 1967 to show his SSN as it appears 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) AR20130008340 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130008340 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1