IN THE CASE OF:  	  

		BOARD DATE:  19 March 2015	  

		DOCKET NUMBER:  AR20140013199 


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 retirement 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-4xxx.

2.  The applicant states the last four digits of his SSN were incorrectly entered on his DD Form 214.  

3.  The applicant provides:

* Social security card
* United States Uniformed Services Identification Card
* Retirement DD Form 214
* Report of Physical Examination and Induction

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 5 January 1946 and was honorably discharged on 4 February 1946 for enlistment in the Regular Army (RA).  He enlisted in the RA on 5 February 1946 and continued to serve on active duty through a series of reenlistments.  His DD Form 214 for the period ending 7 May 1962 shows his SSN as xxx-xx-9xxx.

3.  His service record includes a DD Form 1172 (Application for Uniformed Services Identification and Privilege Card) and a DD Form 93 (Record of Emergency Data) which both show his SSN as xxx-xx-9xxx.

4.  He was retired from active duty on 31 March 1966.  His retirement DD Form 214 shows his SSN as xxx-xx-4xxx.

5.  He provided copies of his social security card and United States Uniformed Services Identification Card which both show his SSN as xxx-xx-9xxx.  

6.  He also provided a copy of his Report of Physical Examination and Induction which shows the last four digits of his SSN as "9xxx."

DISCUSSION AND CONCLUSIONS:

1.  The applicant' SSN consistently appears as xxx-xx-9xxx throughout his record.  However, his SSN was incorrectly entered as xxx-xx-4xxx on the DD Form 214 issued to him at the time of his retirement. 

2.  The social security card he provided confirms his SSN; therefore, his DD Form 214 for the period ending 31 March 1966 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 for the period ending 31 March 1966 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)                                         AR20140013199





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ABCMR Record of Proceedings (cont)                                         AR20140013199



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