BOARD DATE: 5 February 2015 DOCKET NUMBER: AR20140009369 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 to the Social Security Number (SSN) shown on his 1969 DD Form 214 (Report of Transfer or Discharge). 2. The applicant states the SSN on his DD Form 214 is wrong. 3. The applicant provides copies of his Social Security Card; DD Form 214; an NGB Form 22 (National Guard Bureau Report of Separation and Record of Service), dated 2004; his Army National Guard Retirement Points Statement, dated 6 February 2006; and his DD Form 256A (Honorable Discharge). 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 complete military records are not available for review. They are checked out to another agency. The only available documents are those he submitted with his application. 3. The DD Form 214 that the applicant submitted shows he served in the Regular Army from 23 September 1966 to 22 September 1969 (exactly 3 years) and had 3 days of prior inactive service (or commencing 20 September 1966). He was honorably transferred to the U.S. Army Reserve (USAR) as a specialist five (E-5). The DD Form 214 shows his SSN as ending in 6545. 4. The Army National Guard Retirement Points Statement, dated 6 February 2006, shows the applicant served in the USAR Delayed Entry Program (DEP) from 20 September 1966 through 22 September 1966. It also shows he served in the Regular Army from 23 September 1966 through 22 September 1969. The SSN matches that on the Social Security Card. 5. Subsequent to the original submission the Oswego County Veterans Service Agency a copy of an Honorable Discharge Certificate showing the applicant was discharged from the Army of the United States on 19 September 1972, exactly 6 years from the date of his entry into the USAR DEP. This certificate shows his SSN as that shown on his Social Security Card and Army National Guard Retirement Points Statement. 6. The names on all documents are the same. DISCUSSION AND CONCLUSIONS: 1. Considering the dates of the applicant's time in the USAR DEP and the Regular Army exactly match the Army National Guard Retirement Points Statement and the dates and times on the DD Form 214 and that he was discharged from the Army of the United States exactly 6 years from his entry into the DEP the DD Form 214 is that of the applicant. 2. The SSN ending in 6545 shown on the applicant's DD Form 214 is actually that of another Army veteran. Its entry on the applicant's DD Form 214 is an apparent error. 3. Therefore, it is appropriate to issue a DD Form 215 (Correction of DD Form 214) showing that the SSN is that shown on the 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 amending the DD Form 214 to show the SSN to that shown on the 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) AR20140009369 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140009369 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1