IN THE CASE OF:	  

		BOARD DATE:	  15 March 2016

		DOCKET NUMBER:  AR20150008597 


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 the social security number (SSN) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, his DD Form 214 incorrectly lists his SSN as XXX-XX-7XXX.  It should be listed as XXX-XX-9XXX.

3.  The applicant provides copies of 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, 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 11 January 1966.  His record of induction lists his assigned service number; it does not list his SSN.

3.  His DA Form 20 (Enlisted Qualification Record) that was created upon his entry on active duty lists both his assigned service number and the SSN that is listed on his social security card.  However, the SSN is lined through on the 
DA Form 20.

4.  He was honorably released from active duty on 13 October 1967.  Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-XX-7XXX.

5. Most of the documents contained in the applicant's official record lists a service number not an SSN.  However, his record contain Letter Orders Number 12-1331164, dated 29 December 1971, discharging him from the United States Army Reserve.  These orders list SSN XXX-XX-9XXX, which is the SSN listed on the social security card that he provided.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The regulation stated the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  Most of the applicant’s records list his service number, not an SSN.  Even though the SSN that is listed on his DA Form 20 is lined through, it is the same SSN that is listed on his social security card and the orders that discharged him from the USAR.  

2.  The available evidence indicates a typographical error occurred when the SSN was entered on the applicant’s DD Form 214.  Therefore, it would be appropriate to correct the DD Form 214 to show the SSN listed 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 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 amending his DD Form 214 to show the SSN that is listed 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)                                         AR20150008597



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ABCMR Record of Proceedings (cont)                                         AR20150008597



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