BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20150014769 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 BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20150014769 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 the National Personnel Records Center (the agent of the Department of the Army) correct all Department of Army records of the individual concerned by correcting the National Archives and Records Administration Military Personnel Record Registry Record, and all associated military service records, with the social security number 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. BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20150014769 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 military service records to show his social security number (SSN) as "XX4-XX-XXXX" instead of "XX1-XX-XXXX." 2. The applicant states the SSN recorded in his military service records is incorrect. It is not the SSN that he was issued by the Social Security Administration and the entry appears to be the result of an administrative error. 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 military service record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, the reconstructed records provided by NPRC are sufficient for the Board to conduct a fair and impartial review of this case. 3. A Military Personnel Record (MPR) Registry Record request, submitted by the Army Review Boards Agency to NPRC, returned a reconstructed record pertaining to the applicant under the name "Danny J. Y___" and SSN "XX1-XX-XXXX." a. A review of the available records failed to reveal a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge/Report of Separation). b. This review revealed that NPRC issued three National Archives and Records Administration (NARA) Forms 13038 (Certification of Military Service) that show the applicant was a member of the Regular Army from 5 January 1973 to 21 June 1973 and he was separated with a General (Under Honorable Conditions) Discharge. They also show the forms were issued, as follows: * on 5 November 1981, to "Danny J. Y____, XX1-XX-XXXX" * on 12 March 1990, to "Danny J. Y____, XX1-XX-XXXX" * on 19 November 2001, to "Danny J. Y____, XX4-XX-XXXX" c. A copy of his social security card (no issue date shown) shows "Danny Junior Y___" was issued SSN "XX4-XX-XXXX." 4. In support of his application the applicant provides a copy of his social security card, issued on 27 September 2010, which shows "Danny Junior Y___" was issued SSN "XX4-XX-XXXX." REFERENCES: Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions show for item 3 (SSN), transcribe SSN from DA Form 2139 (Military Pay Voucher). DISCUSSION: 1. The applicant's military service record is not available to the Board for review. a. His social security card shows he was issued SSN "XX4-XX-XXXX." b. The NARA MPR Registry Record shows the entry "XX1-XX-XXXX" is associated with the applicant's name in the MPR Registry. c. On 19 November 2001, NPRC issued an NARA Form 13038 that shows the applicant's SSN as "XX4-XX-XXXX." 2. Based on the evidence of record, it appears an administrative error occurred at some point during the applicant's military service (from 5 January 1973 to 21 June 1973) that resulted in the incorrect listing of his SSN in his military service records. 3. The evidence of record also shows NPRC recognized and corrected the error by issuing an NA Form 13038 with the correct SSN. However, it appears the NARA MPR Registry Record was not updated and corrected. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014769 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014769 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2