ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  22 February 2019

	DOCKET NUMBER:  AR20180014013


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 October 1973, to show his social security number (SSN) as "XXX-XX-XXXX" instead of "XXX-XX-XXXX" and to correct his date of birth (DOB) to reflect as XX November XXXX instead of XX November XXXX.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Standard Certificate of Live Birth [Birth Number XXXXXXXX],  dated 3 December 1953
* DD Form 214
* Passport [Number XXXXXXXX], United States of America, dated XX March XXXX
* Two, Forms W-2 Wage and Tax Statement 

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.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2002079096 on 4 February 2003.

3.  The applicant states, in effect, at the time of his discharge from military service he neglected to request a correction to his DD Form 214 for his SSN and DOB.  

4.  On 14 January 1971, the applicant enlisted in the Regular Army.  He was honorable released to the Army National Guard of Oregon on 15 October 1973.  All of the records and documents in his military record show his SSN as"XXX-XX-XXXX."  These documents include but are not limited to the following records:

* DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 
     14 January 1971
* DD Form 1584 (National Agency Check Request)
* Special Orders Number 151 EXTRACT, dated 21 June 1971
* Special Orders Number 197 EXTRACT, dated 16 July 1971
* DA Form 137 (Installation Clearance Record)
* DD Form 214, effective date 15 October 1973

5.  The applicant provides his 2012 and 2017 wage and tax statements which show his SSN as "XXX-XX-XXXX" which is the SSN he is currently requesting.

6.  The applicant's record is void of evidence which shows his SSN as "XXX-XX-XXXX." His record does not contain a DA Form 2139 (Military Pay Voucher), which was the form used at the time as the primary source for the SSN entry on the DD Form 214.

7.  On 4 February 2003, the ABCMR [Docket Number AR2002079096] granted the applicant partial relief for his request to the Board for correction of his DOB. Item 9 (Date of Birth) for DD Form 214, effective date 15 October 1973, was amended to show his DOB as XX November XXXX on 18 April 2003.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief.  The applicant received relief for his DOB by a previous Board; however, the Board agreed there is no evidence the SSN was used during his period of service, and decided to maintain the record as it was at the time of his release.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


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 to amend the decision of the ABCMR set forth in Docket Number AR2002079096 on 4 February 2003.


	 
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 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge and provides item 3 (Social Security Number) is transcribed from the DA Form 2139.  

ABCMR Record of Proceedings (cont)	 AR20180014013
0

4


1