IN THE CASE OF: BOARD DATE: 31 January 2017 DOCKET NUMBER: AR20150015720 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: 31 January 2017 DOCKET NUMBER: AR20150015720 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: a. deleting from item 3 of his DD Form 214 the current entry, replacing it with the SSN shown on his social security card (xx7-52-xxxx), and issuing him a new DD Form 215 to show this correction; and b. voiding the DD Form 215, issued by NARA, on 8 September 2015. ___________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: 31 January 2017 DOCKET NUMBER: AR20150015720 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 "xx7-52-xxxx." 2. The applicant states he was issued a DD Form 215 (Correction to DD Form 214) by the National Archives and Records Administration (NARA), but his SSN is still listed incorrectly as "xx7-25-xxxx." 3. He provides his DD Form 214; DD Form 215; Social Security Benefit Statement, dated in 2014; and a 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. In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) and listed his SSN as "xx7-52-xxxx." 3. He was inducted into the AUS on 3 January 1966. His DD Form 47 (Record of Induction) listed his service number; it did not list his SSN. 4. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty also listed his service number; it did not list his SSN. 5. His service record contains a DA Form 41 (Record of Emergency Data). This form shows his SSN as "xx7-52-xxxx." 6. He was honorably released from active duty on 21 December 1967. Item 3 (SSN) of his DD Form 214 shows his SSN as "xx1-52-xxxx." 7. On 8 September 2015, NARA issued him a DD Form 215 amending his DD Form 214 to show his SSN as "xx7-25-xxxx." 8. He provides a Social Security statement, dated in 2014, and a social security card showing his SSN as "xx7-52-xxxx." REFERENCES: Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. DISCUSSION: 1. The applicant disclosed his SSN as "xx7-52-xxxx" when he was first inducted into the AUS. This SSN is consistent with at least two documents in his service record (DD Form 398 and DD Form 47) as well as the social security card he provides. 2. NARA issued him a DD Form 215 in an effort to correct his SSN but listed yet another incorrect SSN. It is clear that when his DD Form 214 was processed his SSN was erroneously listed as "xx1-52-xxxx" instead of "xx7-52-xxxx" and when his DD Form 215 was processed his SSN was again erroneously listed. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015720 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015720 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2