BOARD DATE:	  1 July 2014

		DOCKET NUMBER:  AR20130021275 


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 XXX-XX- vice XXX-XX-.

2.  The applicant states he does not know why his records show an incorrect SSN.  He did not look at his DD Form 214 until recently when trying to sign up for Department of Veterans Affairs health care eligibility.

3.  The applicant provides a copy of 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's DD Form 398 (Statement of Personal History), dated 17 July 1966, shows he recorded his SSN as XXX-XX- during the induction process.

3.  The applicant's records show he was inducted into the Army of the United States on 18 July 1965.

4.  A thorough review of his records shows he used the SSN XXX-XX- the entire time he was serving in an active duty status.

5.  Headquarters, Fort Riley, KS, Special Orders Number 145, dated 10 July 1968, released him from active duty effective 17 July 1968.  These orders show his SSN as XXX-XX-.

6.  He was honorably released from active duty on 17 July 1968.  Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-XX-.

7.  He provided a copy of his social security card showing his SSN as 
XXX-XX-.

8.  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.  It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

The SSN shown on the applicant's DD Form 214 does not match the SSN under which he served.  His DD Form 398 and Special Orders Number 145 show the SSN under which he served as XXX-XX-.  Therefore, he is entitled to correction of his DD Form 214 to show his SSN as shown on his social security card.



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 entry from item 3 of his DD Form 214 and replacing it with the SSN shown on his social security card and 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)                                         AR20130021275



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ABCMR Record of Proceedings (cont)                                         AR20130021275



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