IN THE CASE OF: BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150009249 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150009249 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 entry from item 3 of his DD Form 214 and replacing the entry with the SSN 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. IN THE CASE OF: BOARD DATE: 7 April 2016 DOCKET NUMBER: AR20150009249 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 records to show his social security number (SSN) as "XX8-XX-XXXX" instead of "XX6-XX-XXXX." 2. The applicant states the SSN recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is incorrect. It is not the SSN that he was issued by the Social Security Administration and the entry appears to be the result of an administrative error. This correction will allow him to use his correct SSN on government forms and applications. 3. The applicant provides copies of his social security card and DD Form 214. 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's military service record is not available to the Board for review. Requests for the applicant’s records (spanning the period 8 July 2015 to 9 March 2016) indicate the records were not available because they were signed out. However, the applicant's DD Form 214 and the available documents are sufficient for the Board to conduct a fair and impartial review of this case. 3. In support of his application the applicant provides copies of the following documents. a. His social security card that shows "Ross Manning F___" was issued SSN "XX8-XX-XXXX." b. His DD Form 214 that shows he enlisted in the Regular Army on 6 October 1969. He was honorably released from active duty on 10 April 1972 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation. He had completed 2 years, 6 months, and 5 days of net active service this period that included 1 year and 7 months of foreign service in the Republic of Vietnam. It also shows in: * Item 1 (Name – Last, First, Middle): "F___, Ross Manning" * item 2 (Service Number) no entry * item 3 (SSN) the entry "XX6-XX-XXXX" 4. A National Archives and Records Administration (NARA), Military Personnel Record (MPR) Registry request submitted by the Army Review Boards Agency, Case Management Division, on 9 March 2016, shows the applicant's personnel/ medical records are signed out. The MPR Registry Record shows the applicant's name (i.e., "F___, Ross M.") and the SSN "XX8-XX-XXXX." REFERENCES: Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions show for item 3, transcribe SSN from DA Form 2139 (Military Pay Voucher). DISCUSSION: 1. The applicant's military service record is not available to the Board for review. a. His social security card shows he was issued SSN "XX8-XX-XXXX." b. Item 3 of his DD Form 214 shows the entry "XX6-XX-XXXX." c. The NARA MPR Registry Record shows the entry "XX8-XX-XXXX" is associated with the applicant's name in the MPR Registry. 2. Based on the evidence of record, it appears an administrative error occurred during the applicant's separation processing that resulted in the incorrect listing of his SSN when he was released from active duty on 10 April 1972. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009249 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009249 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2