IN THE CASE OF:	  

		BOARD DATE:	  3 June 2014

		DOCKET NUMBER:  AR20130016869 


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 "XX7-XX-XXXX" instead of "XX4-XX-XXXX."

2.  The applicant states, in effect, his SSN is in error on his DD Form 214 and this is causing an issue with benefits he is trying to receive.

3.  The applicant provides a copy of 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 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 was inducted in the Army of the United States on 26 June 1968.  He was assigned an Army service number (ASN) as the primary source of identification.

3.  In connection with his induction, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as "XX7-XX-XXXX."  He authenticated this form by placing his signature in the appropriate block.

4.  His DA Form 20 (Enlisted Qualification Record) shows his SSN as
"XX4-XX-XXXX."

5.  On 7 June 1970, the applicant was honorably released from active duty.  His DD Form 214 shows his SSN as "XX4-XX-XXXX."

6.  He provides a copy of his social security card that lists his name and shows his SSN as "XX7-XX-XXXX."

7.  During the period the applicant served on active duty, Soldiers were identified by an ASN.  The Army discontinued using the ASN as an identifier and began using the SSN on 1 July 1969.

8.  The applicant's DA Form 2139 (Military Pay Voucher) is not available for review.

9.  Army Regulation 635-5 (Separation Document), in effect at the time, stated the SSN in item 3 of the DD Form 214 was to be transcribed from the Soldier's DA Form 2139.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant provided the SSN he claims is correct during his induction processing.  It appears his SSN was transcribed incorrectly at some point during his active duty service and this error was carried forward onto his DD Form 214.  In light of the available evidence, it would be appropriate to correct item 3 of his DD Form 214 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 amending his DD Form 214 to show his SSN as it is shown 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)                                         AR20130016869



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ABCMR Record of Proceedings (cont)                                         AR20130016869



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