IN THE CASE OF:	  

		BOARD DATE:  24 September 2013

		DOCKET NUMBER:  AR20130002828 


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-x0-xxxx" instead of "xxx-x6-xxxx."

2.  The applicant states the SSN on his DD Form 214 is incorrect.

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.  The applicant's record contains a DD Form 398 (Statement of Personal History), dated 12 October 1965, that the applicant completed during his induction processing.  This form shows he entered his SSN as "xxx-x0-xxxx."

3.  On 25 October 1965, he was inducted into the Army of the United States.  He was assigned an Army service number (ASN) as the primary source of identification.  His DD Form 47 (Record of Induction) does not reflect an SSN.

4.  His record contains a DA Form 41 (Record of Emergency Data) that shows his SSN as "xxx-x0-xxxx."

5.  On 25 October 1967, he was honorably released from active duty at the expiration of his term of service.  Item 3 (SSN) of his DD Form 214 shows his SSN as "xxx-x6-xxxx."

6.  There is no DA Form 2139 (Military Pay Voucher) in his official record.

7.  The applicant provided his Social Security card that shows his SSN as
"xxx-x0-xxxx."

8.  During the period the applicant served on active duty, Soldiers were identified by their Army service number (ASN).  The Army discontinued using the ASN as an identifier and began using the SSN on 1 July 1969.  

9.  Army Regulation 635-5 (Separation Documents), effective 1 February 1967, states the SSN in item 3 of the DD Form 214 will be transcribed from the Soldier's DA Form 2139.

DISCUSSION AND CONCLUSIONS:

1.  During the period of the applicant's enlistment, Soldiers were identified by their ASN.  The Army did not start using SSNs as the primary source of identification until 1 July 1969.

2.  The applicant's DD Form 398, DA Form 41, and his Social Security card all show his SSN as "xxx-x0-xxxx."  Therefore, there is sufficient evidence to correct his DD Form 214 to show his SSN as shown on these documents.


BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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 deleting from item 3 of his DD Form 214 the current entry and replacing it with the SSN 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.

ABCMR Record of Proceedings (cont)                                         AR20130002828



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ABCMR Record of Proceedings (cont)                                         AR20130002828



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