IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150012352 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: 24 May 2016 DOCKET NUMBER: AR20150012352 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 item 3 on his DD Form 214 to show the SSN listed on his DD Form 398. _____________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: 24 May 2016 DOCKET NUMBER: AR20150012352 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, in effect, correction of item 3 (Social Security Number (SSN)) on his DD Form 214 (Report of Separation from Active Duty) to show his SSN as listed on his DD Form 398 (Statement of Personal History). 2. The applicant states that the SSN listed on his DD Form 214 is his father's SSN and that his correct SSN is listed on his DD Form 398. 3. The applicant provides a copy of 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. The applicant enlisted in the New Jersey Army National Guard (NJARNG) on 14 August 1975. His DD Form 4 (Enlistment Contract – Armed Forces of the United States) lists three different SSNs. At the time of his enlistment, he completed a DD Form 398 listing the SSN he is now requesting to be listed on his DD Form 214. 3. He was ordered to active duty for training, effective 11 January 1976. On 13 July 1976, the applicant was released from active duty and he reverted to the NJARNG. Item 3 on his DD Form 214 shows an SSN that he contends belongs to his father. 4. A review of the applicant's Official Military Personnel File (OMPF) shows that three different SSNs are listed on the documents contained in his OMPF, one of which is listed on the DD Form 398 that he completed and signed at the time of his enlistment. REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, 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 duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant's DD Form 398 shows the same SSN as one of the SSNs shown on his DD Form 4. The same SSN is listed on a number of documents contained in his OMPF. 2. It is unclear how three different SSNs were recorded in the applicant's record. It appears to have been the result of administrative errors made during the time of his service in the military. Therefore, it would be appropriate to correct his DD Form 214 to show his correct SSN. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012352 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012352 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2