IN THE CASE OF:	  

		BOARD DATE:	  26 November 2013

		DOCKET NUMBER:  AR20130006651 


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 257-XX-XXXX.

2.  The applicant states his SSN is incorrect on his DD Form 214; however, all other documents in his records reflect the correct SSN.

3.  The applicant provides a copy of his social security card and his 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 was inducted into the Army of the United States on 6 February 1969.  The primary identification number used at the time was the Army service number.  This is the number listed on his DD Form 47 (Record of Induction) in item 2 (Service Number).  However, item 1 (Last Name – First Name – Middle Name) of his DD Form 47 listed his SSN is listed as 257-XX-XXXX.

3.  All of the documents for his military service prior to his release from active duty show his SSN as 257-XX-XXXX.

4.  The applicant was released from active duty on 28 January 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  His SSN is listed as 287-XX-XXXX in item 3 (SSN) of his DD Form 214.

5.  His records contain letter orders from the U.S. Army Reserve Components Personnel Administration Center, dated 22 January 1975, discharging him from the USAR effective 1 February 1975.  The applicant's SSN is shown as 
287-XX-XXXX.

6.  The applicant provided a copy of his social security card showing his SSN as 257-XX-XXXX.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation establishes standardized policy for the preparation of the DD Form 214.  The regulation in effect at the time of the applicant's separation stated the complete name and SSN of the separating service member would be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his SSN as shown on his social security card was carefully considered and determined to have merit.

2.  The only documents in his records showing the contested SSN are his DD Form 214 and his letter orders discharging him from the USAR in 1975.  The applicant's SSN appears as 257-XX-XXXX on all other documents for his military service.  It appears the SSN on his DD Form 214 was the result of a typographical error which was later carried through to his USAR discharge orders.  Therefore, his DD Form 214 should be corrected 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.



      _______ _   _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)                                         AR20130006651



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ABCMR Record of Proceedings (cont)                                         AR20130006651



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