BOARD DATE:	  12 February 2015

		DOCKET NUMBER:  AR20140011641 


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 the social security number (SSN) listed in item 3 (SSN) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  He states his correct SSN is XXX-XX-4XXX.  He would like to have the error on his DD Form 214 fixed so he can file for benefits from the Department of Veterans Affairs.  

3.  He provides a statement from his wife, a letter from the Army Review Boards Agency, a National Guard Bureau (NGB) Form 23 (Retirement Credits Record), his DD Form 214, and an NGB Form 22 (Report of Separation and Record of Service).  

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 service records are not available for review.  This case is being considered using the documents he has provided.

3.  The applicant enlisted in the Ohio Army National Guard (OHARNG) on 24 November 1971.  

4.  His DD Form 214 shows he was ordered to active duty for training (ACDUTRA) on 14 January 1972.  On 28 May 1972, he was honorably released from ACDUTRA and returned to the OHARNG.  Item 3 of his DD Form 214 shows his SSN as "XXX-XX-2XXX."

5.  An NGB Form 23 completed on or after 23 November 1977 shows his SSN as "XXX-XX-4XXX."

6.  He was honorably discharged from the OHARNG on 23 November 1977.  Item 3 (SSN) of the NGB Form 22 issued at that time shows his SSN as "XXX-XX-4XXX."

DISCUSSION AND CONCLUSIONS:

The SSN the applicant claims is correct was recorded in his military records.  It appears an administrative error resulted in the incorrect transcription of his SSN on his DD Form 214.  It would be appropriate to correct his DD Form 214 to show the SSN listed on his NGB Form 22.

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 replacing the entry in item 3 of his DD Form 214 with the SSN shown on his NGB Form 22.



      _______ _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)                                         AR20140011641





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ABCMR Record of Proceedings (cont)                                         AR20140011641



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