IN THE CASE OF:	  

		BOARD DATE:	  23 September 2014

		DOCKET NUMBER:  AR20140002155 


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-xx-9xxx instead of xxx-xx-8xxx.

2.  The applicant states the error is a typing error and his SSN is xxx-xx-9xxx, not 
xxx-xx-8xxx.

3.  The applicant provides his DD Form 214, social security card, and Social Security Summary Statement of Earnings.

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 was inducted into the Army of the United States on 11 October 1961.  At the time of his induction, he completed a DA Form 41 (Record of Emergency Data) that shows his SSN as xxx-xx-9xxx.  

3.  His service record includes documents that list his SSN as xxx-xx-9xxx.

4.  He was released from active duty on 26 September 1963.  His DD Form 214 shows his SSN as xxx-xx-8xxx.

5.  He provided a copy of his social security card and Social Security Summary Statement of Earnings which both show his SSN as xxx-xx-9xxx.

DISCUSSION AND CONCLUSIONS:

1.  The applicant entered active service on 11 October 1961.  At that time, a military service number was issued for the purpose of identification.  However, his military personnel records contain a DA Form 41 and other documents which show his SSN as shown on his social security card.  

2.  The social security card he provided confirms his SSN; therefore, his DD Form 214 should be corrected to show his SSN as it is recorded on his social security card.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 




deleting the current SSN entry from his DD Form 214 and replacing it with the SSN shown on his social security card.



      ___________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)                                         AR20140002155





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ABCMR Record of Proceedings (cont)                                         AR20140002155



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