BOARD DATE:	  9 July 2015

		DOCKET NUMBER:  AR20140019843 


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-1930.

2.  The applicant states his correct SSN is XXX-XX-1930.  As a Vietnam Veteran suffering from conditions resulting from exposure to Agent Orange, he is unable to get benefits from the Department of Veterans Affairs (VA) because his SSN is wrong.

3.  The applicant provides his DD Form 214, a letter from VA, an Internal Revenue Service (IRS) Form W-2, and a copy of his social security 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 complete military records are not available for review.  A reconstructed record is available, however, which includes a copy of the orders awarding him the Purple Heart and an IRS Form W-2 (both apparently provided to the records facility by the applicant).  Additionally, with his application he provides a copy of his DD Form 214, showing the last two numbers of his SSN written over with the numbers he contends are correct.  

3.  Based upon the DD Form 214 he provides, the applicant appears to have been initially inducted into the Army of the United States, then enlisted in the Regular Army in October 1965.  

4.  He was released from active duty on 11 October 1968.  His DD Form 214 shows he completed 3 years of net active creditable service.  In the copy of his DD Form 214 provided by the applicant, the last two numbers have been written over, making the numbers originally shown unreadable.

5.  General Orders (GO) Number 659, dated 8 May 1966, issued by Headquarters, 1st Infantry Division, show the applicant was awarded the Purple Heart.  The order does not show his SSN, listing instead his Army service number (ASN).

6.  The applicant provides:

	a.  A copy of his SSN card, showing his SSN as XXX-XX-1930.

	b.  An IRS Form W-2 which lists his ASN and his SSN. 

	c.  A letter from VA essentially requesting an unaltered, certified copy of the applicant's DD Form 214.

DISCUSSION AND CONCLUSIONS:

The IRS Form W-2, as available in his reconstructed record, shows his SSN as XXX-XX-1930.  This one document is sufficient to enable the Board to grant the requested relief.  His DD Form 214 should therefore be corrected to show this SSN.



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 his DD Form 214 to show his SSN as XXX-XX-1930, as reflected on his SSN card and IRS Form W-2.


      _______ _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)                                         AR20140019843





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ABCMR Record of Proceedings (cont)                                         AR20140019843



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