IN THE CASE OF:	  

		BOARD DATE:	  12 February 2015

		DOCKET NUMBER:  AR20140011148 


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 correct social security number (SSN).

2.  The applicant states the SSN listed on his DD Form 214 is incorrect and should reflect 317-XX-XXXX instead of 307-XX-XXXX.

3.  The applicant provides a copy of his Department of Veterans Affairs (VA) Identification Card, California Driver License, and 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 record contains a DD Form 47 (Record of Induction) completed during his induction process which shows in item 1 (LAST NAME - FIRST NAME - MIDDLE NAME) his SSN as "317-XX-XXXX."

3.  The applicant was inducted into the Army of the United States on 6 February 1968.  He was trained in and awarded military occupational specialty 36K (Field Communication Crewman).

4.  The DA Form 20 (Enlisted Qualification Record) prepared upon his entry onto active duty lists the SSN that he claims is correct.  A DA Form 873 (Certificate of Clearance and/or Security Determination under EO [Executive Order] 10450) lists the SSN that he claims is correct.

5.  Some documents maintained in the applicant’s official military personnel file (OMPF) list his SSN as 307-XX-XXXX while some other documents list his SSN as 317-XX-XXXX.

6.  On 27 January 1970, the applicant was honorably released from active duty.  Item 3 (SSN) of his DD Form 214 contains the entry 307-XX-XXXX.

7.  The applicant provides a copy of his Medicare Health Insurance Card.  It lists his SSN as 317-XX-XXXX.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should be corrected to show his correct SSN.  There is sufficient evidence to support granting the requested relief.

2.  The applicant's military record confirms he was inducted and served under the SSN he claims is correct.  Therefore, item 3 of his DD Form 214 should be corrected by deleting the current entry and replacing it with entry 317-XX-XXXX, as shown on his DD Form 47 and DA Form 20.

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 deleting the current SSN entry in item 3 of his DD Form 214 and adding the SSN as it is listed on his DD Form 47.




      ____________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)                                         AR20140011148



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ABCMR Record of Proceedings (cont)                                         AR20140011148



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