BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160001037 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: 23 May 2017 DOCKET NUMBER: AR20160001037 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 amending item 3 of his DD Form 214 for the period ending 28 January 1970 to show the SSN listed 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: 23 May 2017 DOCKET NUMBER: AR20160001037 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) for the period ending 28 January 1970 to show his social security number (SSN) as "xxx-xx-xx82" instead of "xxx-xx-xx28." 2. The applicant states his SSN was typed incorrectly on his DD Form 214. 3. The applicant provides a social security card and 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. In connection with his induction into the Army of the United States, the applicant completed a DD Form 398 (Statement of Personal History) and listed his SSN as "xxx-xx-xx82." 3. He was inducted into the Army of the United States on 3 January 1966. His DA Form 20 (Enlisted Qualification Record) listed his SSN as "xxx-xx-xx82." 4. He was honorably discharged on 25 January 1967 to accept an appointment. His DD Form 214 for this period credited him with 1 year and 3 days of active duty and listed his SSN as "xxx-xx-xx82." 5. He was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 26 January 1967. His DA Form 66 (Officer Qualification Record) listed his SSN as "xxx-xx-xx28." 6. His service records contain multiple documents listing his SSN as "xxx-xx-xx82." They include a DA Form 41 (Record of Emergency Data) and DA Form 873 (Certificate of Clearance and/or Security Determination). 7. He was honorably released from active duty on 28 January 1970. Item 3 (SSN) of his DD Form 214 shows his SSN as "xxx-xx-xx28" ("28" instead of "82"). 8. He provides his social security card which shows the SSN "xxx-xx-xx82." REFERENCE: Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The regulation states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. DISCUSSION: Except for his DA Form 66 and final DD Form 214, the applicant's SSN was listed as "xxx-xx-xx82" throughout his entire enlisted and commissioned officer service. This SSN is consistent with the SSN shown on the social security card he provides. The evidence shows an error in the SSN entered on his DD Form 214 for the period ending 29 January 1970. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001037 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001037 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2