IN THE CASE OF:  	  

		BOARD DATE:  23 February 2016	  

		DOCKET NUMBER:  AR20150008307 


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 3XX-XX-XXXX.

2.  The applicant states his SSN was incorrectly entered on his DD Form 214 as 0XX-XX-XXXX.

3.  The applicant provides:

* DD Form 214
* Selective Service System Notice of Classification
* social security card
* two Internal Revenue Service (IRS) Forms 1040
* IRS Form 8879 (IRS e-File Signature Authorization)
* Juneau County Veterans Service Office letter, dated 1 May 2015

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 13 May 1970.  Item 17c (Remarks) of his DD Form 47 (Record of Induction) shows his SSN as 3XX-XX-XXXX.

3.  On 9 December 1971, he was honorably released from active duty.  Item 3 (SSN) of his DD Form 214 shows his SSN as 0XX-XX-XXXX.

4.  He provided copies of his Selective Service System Notice of Classification, social security card, and IRS tax records showing his SSN as 3XX-XX-XXXX.

5.  His records show the SSN 3XX-XX-XXXX was consistently used throughout his service.

6.  His DA Form 2139 (Military Pay Voucher) is not available for review.

7.  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.  The instructions for item 3 of the DD Form 214 stated to transcribe the SSN from the DA Form 2139.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows his SSN was recorded as 3XX-XX-XXXX during his induction processing.  It appears his SSN was recorded incorrectly at the time of his release from active duty on 9 December 1971.  His DD Form 214 should be corrected to show his SSN as it appears on his DD Form 47.


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 47.



      _______ _   _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)                                         AR20150008307



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150008307



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1