IN THE CASE OF:	  

		BOARD DATE:	  24 February 2015

		DOCKET NUMBER:  AR20140011860 


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, in effect, his social security number (SSN) as “5XX-XX-XXXX” vice “8XX-XX-XXXX.”

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

3.  The applicant provides his DD Form 214 and 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, and 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.  On 26 July 1966, the applicant was inducted in the Army of the United States.   

3.  A thorough review of all documents contained in his available military personnel records, many of which bear his signature, shows his SSN consistently appears as “5XX-XX-XXXX.”

4.  On 19 July 1968, he was released from active duty after serving 1 year, 11 months, and 24 days of total active service.  Item 3 (SSN) of his DD Form 214 shows his SSN as “8XX-XX-XXXX.”  

5.  He submitted his social security card which shows his SSN as “5XX-XX-XXXX.”

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  The regulation then in effect provided that the Soldier's SSN would be entered in item 3 of the DD Form 214 and would be taken from the military personnel and pay records.

DISCUSSION AND CONCLUSIONS:

Documents in his military personnel record correctly show his SSN as “5XX-XX-XXXX;” however, it appears his SSN was incorrectly transcribed on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show the 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 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)                                         AR20140011860



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ABCMR Record of Proceedings (cont)                                         AR20140011860



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