BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160001384 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: AR20160001384 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 social security number (SSN) listed in item 3 (SSN) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and replacing it with the SSN listed on his DD Form 398 (Statement of Personal History). _____________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: AR20160001384 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) to show his social security number (SSN) as "XXX-42-XXXX" instead of "XXX-53-XXXX." 2. The applicant states he went to get information about social security benefits and discovered the error with his SSN. 3. The applicant provides: * DD Form 214 * DD Form 256A (Honorable Discharge) * a letter * DD Form 4 (Enlistment Contract - Armed Forces of the United States) 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 records contain DD Form 398 (Statement of Personal History) which he completed at the time of his induction that lists his SSN as "XXX-42-XXXX." 3. The applicant was inducted into the Army of the United States on 10 September 1968. 4. His records contain a DA Form 428 (Application for Identification Card), completed on 22 July 1969, which lists his SSN as "XXX-42-XXXX." 5. On 23 April 1970, the applicant was honorably released from active duty. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-53-XXXX." 6. On 29 January 1975, the applicant enlisted in the U.S. Army Reserve (USAR). Item 1 (Service Number/Social Security Account Number) of his DD Form 4 lists his SSN as "XXX-42-XXXX." 7. The applicant was honorably discharged from the USAR on 28 January 1978. 8. He provided a copy of his DD Form 4 and DD Form 256A, which lists his SSN as "XXX-42-XXXX." REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. It stated, in pertinent part, that the complete name and SSN of the separating service member would be entered on the DD Form 214. DISCUSSION: The applicant's SSN appears as "XXX-42-XXXX" on his DA Form 428 and his DD Form 256A; however, it appears as "XXX-53-XXXX" on his DD Form 214. It is logical to conclude an administrative error occurred during the preparation of his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001384 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001384 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2