BOARD DATE:	  11 September 2014

		DOCKET NUMBER:  AR20140001493 


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), dated 17 September 1973, to show his correct social security number (SSN).

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

3.  The applicant provides no additional evidence.

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 enlisted in the Regular Army on 27 June 1969.  At the time of his enlistment he completed a DD Form 398 (Statement of Personal History), which shows an SSN with "410" as the first three digits.

3.  He was honorably discharged on 15 December 1970 to immediately reenlist.  Item 3 (SSN) of the DD Form 214 he received shows the same SSN as shown on the DD Form 398 he completed at the time of his enlistment.  

4.  The applicant reenlisted in the RA on 16 December 1970.  He was honorably released from active duty (REFRAD) on 17 September 1973 to join the Army National Guard.  Item 3 of the DD Form 214 he received covering this period of service shows an SSN with "226" as the first three digits.

5.  The same SSN shown on the applicant's DD Form 398 is shown on every document contained in his Official Military Personnel File except for his DD Form 214 dated 17 September 1973.

6.  Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  The regulation stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.

2.  He enlisted in the Army using the SSN shown on his DD Form 398 and the same SSN is shown on every document contained in his records except for the DD Form 214 he received on 17 September 1973. 

3.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 dated 17 September 1973 to show his SSN as shown on his DD Form 398.

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 dated 17 September 1973 the current entry and replacing it with the SSN as shown on his DD Form 398.



      _________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)                                         AR20140001493



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ABCMR Record of Proceedings (cont)                                         AR20140001493



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