IN THE CASE OF:  	  

		BOARD DATE:  28 January 2016	  

		DOCKET NUMBER:  AR20150007796 


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, in effect, 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-XX-03 instead of XXX-XX-04 and copies of his pay records for the period May 1968 through May 1970.

2.  The applicant states:

* the SSN shown on his DD Form 214 is incorrect
* he is looking for a gap in his pay records which may indicate he is due back pay

3.  The applicant provides:

* social security card
* DD Form 214
* U.S. Department of Veterans Affairs health care identification 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.  The ABCMR is not the custodian of military pay records.  The applicant is advised to contact the Defense Finance and Accounting Service in writing at the following address:  Army Military Pay Operations, 8899 East 56th Street, Indianapolis, IN  46249, and include his current mailing address, telephone number, branch of service, years of service, and the applicable years of pay records requested.  He may also apply online at the following Internet site:  https://corpweb1.dfas.mil/askDFAS/ticketInput.action?subcategoryID=10044.  Therefore, this issue will not be further discussed in this Record of Proceedings.

3.  The applicant was inducted into the Army of the United States on 24 May 1968.

4.  In conjunction with his induction, he completed a DD Form 398 (Statement of Personal History) which shows he recorded his SSN as XXX-XX-03.

5.  His records show the SSN XXX-XX-03 was consistently used throughout his service.

6.  On 22 May 1970, he was honorably released from active duty.  His DD Form 214 shows his SSN as XXX-XX-04.

7.  He provided a copy of his social security card showing his SSN as 
XXX-XX-03.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide an individual with documentary evidence of his or her military service.  It is important that information entered on the form is complete and accurate.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant recorded his SSN as XXX-XX-03 during his induction processing.  It appears his SSN was transcribed incorrectly at the time of his release from active duty on 22 May 1970.  His DD Form 214 should be corrected to show his SSN as it appears 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 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 amending his DD Form 214 to show his 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)                                         AR20150007796



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ABCMR Record of Proceedings (cont)                                         AR20150007796



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