IN THE CASE OF: BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150010767 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: 17 May 2016 DOCKET NUMBER: AR20150010767 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 deleting the entry in item 3 (Social Security Number) of his DD Form 214 with an effective date of 1 February 1969 and entering the social security number that is shown on his DD Form 398, signed on 1 June 1967. __________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: 17 May 2016 DOCKET NUMBER: AR20150010767 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) with an effective date of 1 February 1969 to show his social security number (SSN) as XXX-40-3XXX. 2. The applicant states his correct SSN is XXX-40-3XXX. 3. The applicant provides his 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. On 27 December 1966, the applicant enlisted in the Regular Army. His DD Form 4 (Enlistment Record, Armed Forces of the United States) shows he was assigned an Army service number (ASN). His SSN is not shown on the DD Form 4. 3. His Military Personnel Records Jacket (MPRJ) contains a DD Form 398 (Statement of Personal History), signed by the applicant on 1 June 1967. The applicant entered his SSN as XXX-40-3XXX on this form. 4. Item 9 (SSN) on his DA Form 41 (Record of Emergency Data), signed by the applicant on 3 April 1968, shows his SSN as XXX-40-3XXX. 5. Headquarters, 1st Infantry Division issued the following orders that show the applicant's SSN as XXX-40-3XXX: * General Orders Number 4300, dated 8 May 1968, awarding him the Purple Heart * General Orders Number 12162, dated 19 November 1968, awarding him the Army Good Conduct Medal * Special Orders Number 325, dated 20 November 1968, promoting him to specialist five * Special Orders Number 30, dated 30 January 1969, ordering him to report for transportation from the Republic of Vietnam 6. On 1 February 1969, he was released from active duty. Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-43-2XXX. 7. A DD Form 215 (Correction to DD Form 214), dated 24 June 1970, corrected item 3 of his DD Form 214 to show his SSN as XXX-43-3XXX. 8. His MPRJ does not contain a DA Form 2139 (Military Pay Voucher). 9. During the period of the applicant's active service Soldiers were identified by their ASN. The Army did not start using SSNs as the primary source of identification until 1 July 1969. REFERENCES: Army Regulation 635-5 (Separation Documents), effective 1 February 1967, stated item 3 of the DD Form 214 was transcribed from the Soldier's DA Form 2139. DISCUSSION: There was no DA Form 2139 in the applicant's MPRJ; however, the applicant’s DD Form 398, signed on 1 June 1967, shows he listed his SSN as XXX-40-3XXX. His DA Form 41 shows his SSN as XXX-40-3XXX, and he has four sets of orders that show his SSN as XXX-40-3XXX. His record reflects SSN “XXX-40-3XXX” consistently with the exception of his DD form 214 and DD Form 215. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010767 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010767 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2