BOARD DATE:  11 December 2018

		DOCKET NUMBER:  AR20170003754


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error 
or injustice.  Therefore, the Board determined the overall merits of this case are 
insufficient as a basis for correction of the records of the individual concerned.

												 
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:  11 December 2018

		DOCKET NUMBER:  AR20170003754 


BOARD VOTE:

X 1	X 2	X 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:SOS	:HW	: GLC	DENY APPLICATION



2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration




	 

		BOARD DATE:  11 December 2018

		DOCKET NUMBER:  AR20170003754 


APPLICANT'S REQUEST AND STATEMENT:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) ending on 21 January 1971 to 
show his social security number (SSN) as "xxx-xx-" vice "xxx-xx-." 

2.  The applicant states his SSN was correct at the time; however, due to identity 
theft, he now wants it changed. 

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:  

1.  Application for correction of military records with supporting documents:  

*	DD Form 214
*	Social Security Card 

2.  Evidence from the applicant’s service record and Department of the Army and 
Department of Defense records and systems:

*	DD Form 398 (Statement of Personal History)
*	DD Form 47 (Record of Induction) 
*	DA Form 20 (Enlisted Qualification Record)
*	DD Form 214 ending on 21 January 1968
*	DD Form 4 (Enlistment Record - Armed Forces of the United States) 
*	Separation orders
*	DD Form 214 ending on 21 January 1971

REFERENCES:

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. 

2.  Army Regulation 635-5 (Separation Documents), in effect at the time, 
prescribed the separation documents that must be prepared for Soldiers at the 
time of retirement, discharge, or release from active duty service or control of the 
Active Army.  It established standardized policy for preparing and distributing the 
DD Form 214.  The general instructions stated all available records would be 
used as a basis for preparation of the DD Form 214.  The specific instructions for 
item 3 stated to verify the accuracy with the SSN of record.

DISCUSSION:

1.  While 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 (AUS), the 
applicant completed a Statement of Personal History (DD Form 398) and listed 
his SSN as "xxx-xx-." 

3.  He was inducted into the AUS on 16 January 1968.  His Record of Induction 
(DD Form 47) listed a similar SSN as shown on the DD Form 398. 

4.  He was honorably discharged on 21 January 1968 for immediate enlistment in 
the Regular Army (RA).  His DD Form 214 for this period of service listed his 
SSN as shown on the entrance document. 

5.  He enlisted in the RA on 22 January 1968.  His Enlisted Qualification Record 
(DA Form 20) listed an SSN as shown on the Induction Record. 

6.  He was honorably released from active duty on 21 January 1971.  His DD 
Form 214 for this period of service listed his SSN as shown on the entrance 
document. 

7.  He provides a social security card listing is name and the SSN "xxx-xx-" 
(a different SSN).  He provides no additional documentation pertaining to 
issuance of the SSN on this card.

8.  The DD Form 214 is a summary of the Soldier's most recent period of 
continuous active duty.  It provides a brief, clear-cut record of all current active, 
prior active, and prior inactive duty service at the time of release from active duty, 
retirement, or discharge.  The information entered thereon reflects the conditions 
as they existed at the time of separation.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160005706