IN THE CASE OF:	  

		BOARD DATE:  2 July 2013

		DOCKET NUMBER:  AR20120022578 


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-32-XXXX."

2.  The applicant states this typographical error is making any request for Department of Veterans Affairs benefits difficult.

3.  The applicant provides copies of his DD Form 214, his State driver's license, and his Medicare Health Insurance card.

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 military records show he enlisted in the Regular Army on 24 November 1964.

3.  His records contain a DD Form 398 (Statement of Personal History) completed and signed by the applicant at the time of his enlistment which shows his SSN as "XXX-32-XXXX."

4.  On 14 September 1967, he was released from active duty.  His DD Form 214 shows his SSN as "XXX-31-XXXX."

5.  A review of his records revealed only one other document, U.S. Army Administration Center Letter Orders Number 11-1081604 discharging him from the U.S. Army Reserve, that shows his SSN as "XXX-31-XXXX."

DISCUSSION AND CONCLUSIONS:

1.  His DD Form 214 and Letter Orders Number 11-1081604 show his SSN as 
"XXX-31-XXXX."  However, his DD Form 398 completed and signed by him at the time of his enlistment shows his SSN as "XXX-32-XXXX."  It is reasonable to presume that a typographical error occurred when entering his SSN on his DD Form 214.

2.  In view of the foregoing, it would be appropriate at this time to correct the applicant's DD Form 214 to show his SSN as shown on his DD Form 398.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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 to show his SSN as recorded on his DD Form 398.



      _______ _  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.

ABCMR Record of Proceedings (cont)                                         AR20120022578



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ABCMR Record of Proceedings (cont)                                         AR20120022578



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