IN THE CASE OF:    

		BOARD DATE:  7 January 2016	  

		DOCKET NUMBER:  AR20150009013


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 "XXX-XX-XXX9" instead of "XXX-XX-XXX4."

2.  The applicant states his SSN is incorrectly listed on his DD Form 214.     

3.  The applicant provides a copy of his DD Form 214 and a copy of a letter from the Department of Veterans Affairs (VA), dated 1 April 2015, which identifies him by the SSN he states is correct.    

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 into the Regular Army on 16 February 1965.    
3.  His record includes a DD Form 398 (Statement of Personal History) and  
DA Form 41 (Record of Emergency Data), which show his SSN as               "XXX-XX-XXX9."

4.  He was honorably released from active duty and transferred to the U.S. Army Reserve on 1 March 1968.  Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-XXX4."

5.  He provides a copy of a VA letter, dated 1 April 2015, which lists his stated SSN as "XXX-XX-XXX9."

6.  Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, 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.  It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

The applicant's record contains documents that show his SSN as                  "XXX-XX-XXX9," as he states in his application.  This constitutes evidence that he served under the SSN he now claims is correct.  It appears an administrative error occurred during the preparation of his DD Form 214, which resulted in his SSN being incorrectly recorded at the time of his separation.

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 the current SSN shown in item 3 of his DD Form 214 and replacing it with the SSN as he states on his application. 




      ___________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)                                         AR20140011877



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ABCMR Record of Proceedings (cont)                                         AR20150009013



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