IN THE CASE OF: BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150010508 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150010508 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 in item 3 of his DD Form 214 with an effective date of 3 December 1969 and entering his social security number as shown 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. IN THE CASE OF: BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150010508 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 social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 3 December 1969. 2. The applicant states his correct SSN is XXX-XX-. 3. The applicant provides: * his social security card * 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. On 16 November 1966, the applicant enlisted in the Regular Army. His DD Form 4 (Enlistment Record, Armed Forces of the United States) assigned him an Army service number (ASN). His SSN is not shown on the DD Form 4. 3. His Military Personnel Records Jacket (MPRJ) contains a DD Form 398 (Statement of Personal History), signed by the applicant on 16 November 1966. The applicant entered his SSN as XXX-XX- on this form. 4. Company D, 40th Signal Battalion (Construction) issued the following orders: * Unit Orders Number 32, dated 3 June 1968, for a pay forfeiture identified him with the SSN XXX-XX- * Unit Orders Number 91, dated 20 November 1968, for familiarization firing of the M-14 rifle identified him with the SSN XXX-XX- 5. On 3 December 1969, he was released from active duty. Item 3 (Social Security Number) of his DD Form 214 shows his SSN as XXX-XX-. 6. His MPRJ does not contain a DA Form 2139 (Military Pay Voucher). 7. Documents throughout his MPRJ primarily identify him using his ASN. Some documents also show his SSN as "XXX-XX-." 8. At the time of his enlistment and during most of the period the applicant served on active duty, Soldiers were identified by their ASN. The Army discontinued using the ASN as an identifier and began using the SSN on 1 July 1969. 9. The applicant's social security card shows his SSN as XXX-XX . REFERENCES: Army Regulation 635-5 (Separation Documents), effective 1 February 1967, stated item 3 of the DD Form 214 was transcribed from the Soldier's DA Form 2139. DISCUSSION: 1. During most of the applicant's active service Soldiers were identified by their ASN. The Army did not start using SSNs as the primary source of identification until 1 July 1969. 2. On his DD Form 398, signed on 16 November 1966, the applicant entered his SSN as XXX-XX-. 3. There was no DA Form 2139 in the applicant's MPRJ. However, his MPRJ does contain two sets of orders that show his SSN as XXX-XX-. Unit Orders Number 32, dated 3 June 1968, concerned a forfeiture of pay. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010508 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010508 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2