IN THE CASE OF:	

		BOARD DATE:	  16 January 2014

		DOCKET NUMBER:  AR20130008712 


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 his social security number (SSN) as "XXX-XX-XX7X" vice " XXX-XX-XX1X."

2.  The applicant states his SSN was incorrectly listed on his DD Form 214.

3.  The applicant provides his DD Form 214.

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's record contains a DD Form 4 (Enlistment Contract-Armed Forces of the United States) showing he enlisted in the Regular Army on
29 March 1971.  His SSN was listed as "XXX-XX-XX1X"; however, the record copy shows a handwritten correction of the "1" to a "7" with the applicant's initials.

3.  The applicant's record contains a DD Form 398 (Statement of Personal History), dated 1 April 1971, that shows he listed his SSN as "XXX-XX-XX7X."

4.  His DA Form 20 (Enlisted Qualification Record) dated 2 April 1971 shows his SSN as "XXX-XX-XX7X."

5.  On 12 December 1973, he was honorably released from active duty by reason of early release.  His DD Form 214 shows his SSN as "XXX-XX-XX1X."

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.  It establishes standardized policy for the preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It states for item 2 (SSN) check records with separatee's Social Security card when possible.  Otherwise, verify the accuracy of the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant listed his SSN on his DD Form 398 and DD Form 4 as "XXX-XX-XX7X."  It appears that as a result of an administrative error the SSN was incorrectly entered on his DD Form 214 at the time of his release from active duty.

2.  In view of the foregoing, his DD Form 214 should be corrected to show his SSN as shown on his DD Form 398.

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 correcting his DD Form 214 to show his SSN as listed on his DD Form 398.



      __________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)                                         AR20130008712



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ABCMR Record of Proceedings (cont)                                         AR20130008712



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