BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160000781 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 BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160000781 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 current entry from item 32 (Remarks) of his DD Form 214 and replacing the entry with the social security number as 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. BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160000781 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 "3XX-XX-XXXX" instead of "2XX-XX-XXXX." 2. The applicant states that the SSN recorded in item 32 (Remarks) of 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 and the entry appears to be the result of administrative error. 3. The applicant provides copies of his DD Form 214, social security card, and driver's license. 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 Regular Army on 21 May 1962. At the time of the applicant's enlistment, the U.S. Armed Forces did not use the SSN for identification. He was issued a service number. 3. A DD Form 398 (Statement of Personal History), prepared by the applicant on 15 August 1962, shows he entered "3XX-XX-XXXX" in the SSN block. 4. A DD Form 214 shows the applicant entered active duty on 21 May 1962, was honorably released from active duty (REFRAD) on 20 May 1965, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his reserve service obligation. He had completed 3 years of net/total active service this period. It also shows in item 32 the entry, "SSAN: 2XX-XX-XXXX." 5. In support of his application the applicant provides a copy of his social security card that shows he was issued SSN "3XX-XX-XXXX." (The card was issued on 18 June 2008.) 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) shows, 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 32, transcribe SSN from DA Form 24 (Service Record). DISCUSSION: The evidence of record shows the applicant's correct SSN was entered in his military service records during the period of his active duty. However, it appears that during his military service and separation processing on 20 May 1965 an administrative error occurred resulting in the incorrect listing of his SSN on his DD Form 214 when he was REFRAD. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000781 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000781 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2