IN THE CASE OF: 

		BOARD DATE:	    8 July 2014

		DOCKET NUMBER:  AR20130020218 


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) and DD Form 215 (Correction to DD Form 214) to show his social security number (SSN) as XXX-XX-XX90.
 
2.  The applicant states the SSN shown on his DD Form 214 and DD Form 215 is incorrect.  The last two numbers are reversed.  His SSN is XXX-XX-XX90 instead of XXX-XX-XX09.

3.  The applicant provides copies of his DD Form 214 and DD Form 215.

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 into the Army of the United States on 3 November 1959.

3.  His records contain a DD Form 93 (Record of Emergency Data), dated 13 October 1961, that shows his SSN as XXX-XX-XX90.

4.  He was honorably released from active duty on 15 February 1962.  Item 32 (Remarks) of his DD Form 214 shows his SSN as XXX-XX-XX09.

5.  The applicant provided and his records contain a DD Form 215, dated 10 December 1975, which shows his SSN as XXX-XX-XX09.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation established standardized policy for preparation of the DD Form 214.  This regulation stated the complete name and SSN of the separating service member would be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 and DD Form 215 should be corrected to show his SSN as XXX-XX-XX90 was carefully considered and determined to have merit.

2.  The applicant's SSN appears as XXX-XX-XX90 on the DD Form 93 contained in his military records.  As a result, it would be appropriate to correct his DD Form 214 and DD Form 215 to show his SSN as shown on this document.

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 32 of his DD Form 214 and the SSN entry from his DD Form 215 and replacing these entries with the SSN shown on his DD Form 93.



      _______ _ 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)                                         AR20130020218



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130020218



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1