BOARD DATE: 12 April 2018 DOCKET NUMBER: AR20160007130 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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: 12 April 2018 DOCKET NUMBER: AR20160007130 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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "XXX-XX-XXX" instead of "XXX-XX-XXXX." 2. The applicant states it appears his mother’s SSN is one digit from the SSN shown on his DD Form 214. He became a foster child at age 2. At the time he was discharged, he returned to Germany to be with his spouse. He saw no need to review his discharge document. In 1996, the Social Security Administration (SSA) realized the error and corrected his SSN, issuing him a new one. 3. The applicant provides letters from the American Legion and SSA and his DD Form 214. COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: 1. Counsel requests the applicant’s DD Form 214 be corrected to show the SSN reissued to him by the SSA. 2. Counsel provides a letter from the SSA. ? 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 27 January 1987. 3. On 17 September 1991, the applicant was honorably released from active duty upon the expiration of his term of service. He was issued a DD Form 214 showing he completed 4 years, 7 months and 21 days of active service. Item 3 (SSN) shows his SSN as "XXX-XX-XXXX." He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his statutory service obligation. 4. On 31 January 1995, the USAR Personnel Center issued Orders D-01- 510939 honorably discharging him from the USAR effective the same day. The SSN shown on this order is "XXX-XX-XXXX." 5. On 28 March 1998, the applicant enlisted in the State of Hawaii Army National Guard (HIARNG) for a 3-year term of service. His records contain a DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) showing his SSN as "XXX-XX-XXXX." 6. On 28 July 1998, a National Agency Check (NAC) was completed. The Defense Investigative Service used the SSN "XXX-XX-XXXX" when conferring with the Federal Bureau of Investigation (FBI). He had no records with the FBI. 7. On 28 February 1999, an ARNG Current Annual Statement was issued with the applicant's SSN shown as requested on his application. 8. The applicant transferred to the State of Pennsylvania ARNG (PAARNG). On 13 January 2000 the applicant was transferred to the USAR Control Group (Annual Training) by Orders 018-013 issued by the PAARNG. This order shows his SSN as he requested in his application. 9. On 13 January 2000, the PAARNG issued the applicant a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service). This form shows his SSN as he requested in his application. 10. On 27 March 2001, the USAR Personnel Command issued Orders D-03- 117366 honorably discharging him from the USAR. The SSN shown on this order is "XXX-XX-XXXX." 11. The applicant provides a letter from the SSA dated 4 March 2016 wherein it states his SSN is "XXX-XX-XXXX" and he was issued a new social security card by the Honolulu, Hawaii, field office in 1996. 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 directs 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. This regulation established standardized policy for the preparation of the DD Form 214. It stated the complete name and SSN of the separating service member would be entered on the DD Form 214. DISCUSSION: 1. The applicant entered the Regular Army, completed his active service, and was released from active duty on 17 September 1991. He was issued a DD Form 214 showing his SSN as "XXX-XX-XXXX." Upon release from active duty, he was transferred to the USAR. 2. In 1995 upon the completion of his military statutory service obligation, he was discharged from the USAR. His discharge orders show the SSN he served under during his period of active duty service. 3. In 1996, it appears the SSA informed the applicant his SSN was issued to another person. The SSA then issued him a new SSN as shown on his application to this Board and confirmed by the SSA letter. 4. In 1998, he entered the HIARNG. His DD Form 4 and NAC show his SSN as he requests in his application. He transferred to the PAARNG, served and was discharged. His discharge documents contain the SSN he was reissued by the SSA in 1996. 5. The evidence shows the applicant served in the Regular Army and the ARNG under two different SSNs. As the SSA identified the error and corrected it in 1996 by issuing him a new SSN, it appears the error existed within the SSA records. As such, to ensure continuity within the applicant’s official military personnel file, the evidence would support correcting the SSN shown on his 1991 DD Form 214. BOARD DATE: 12 April 2018 DOCKET NUMBER: AR20160007130 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 his DD Form 214 for the period ending 17 September 1991 by replacing the social security number currently shown with the social security number shown on the Social Security Administration letter and his 1998 DD Form 4. 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 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007130 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007130 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2