ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 September 2019 DOCKET NUMBER: AR20180012428 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Letter from the Social Security Administration * 3 Letters from the Internal Revenue Service * DA Form 1059 (Service School Academic Evaluation Report) * 1 Letter of support * Self-authored statement (1995) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states due to his SSN change he is unable to get benefits because his new SSN is not reflected on his DD Form 214. He did not know this was a problem until he tried to receive his documentation for housing. He is enrolled in the Defense Enrollment Eligibility Reporting System (DEERS) under his new SSN. 3. Documents in his record showing the SSN include a: * DA Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) * DD Form 1172 (Application for Uniformed Services Identification and Privilege Card) * DA Form 873 (Certificate of Clearance and/or Security Determination) * DA Form 2-1 (Personnel Qualification Record) 4. On 16 August 1985, the applicant was honorably discharged. Item 3 (SSN) on his DD Form 214 shows." 5. There are no documents in his official military personnel file (OMPF) showing his SSN " 6. A letter from the Social Security Administration dated 28 June 2018 states the applicant was issued a new SSN and confirms his previous SSN. 7. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his service record to include the recorded SSN, correspondence from the IRS showing that another taxpayer was using the same SSN, a change of SSN by his civilian employer and the letter from the SSA confirming the (previous) SSN in his records and showing he was issued a new SSN, post-service. Based on a preponderance of evidence and to prevent potential future issues that may result in denial or delay of benefits, the Board determined that a correction to his DD form 214 to reflect this new number was appropriate. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted.? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the DD Form 214 for the period of service ending 16 August 1985 to add in item 18 (Remarks) “Reissued Social Security Number – (as shown on the June 28, 2018 Social Security Administration letter provided by the applicant).” 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 3 (Social Security No.) of the applicant’s DD Form 214. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180012428 4 1