IN THE CASE OF:
BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120003348
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-4X-XX3X."
2. The applicant states his SSN is "XXX-4X-XX3X."
3. The applicant provides:
* Letter, dated 9 February 2012, from the Social Security Administration
* Social security card
* DD Form 214
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 17 June 1974 and trained as an engine equipment repairman. He retired on 5 December 1975 and was placed on the Temporary Disability Retired List the following day.
3. Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-3X-XX4X."
4. His DA Form 2-1 (Personnel Qualification Record), prepared on 4 November 1974, shows his SSN as "XXX-4X-XX3X."
5. He provides documentation from the Social Security Administration in Springfield, MA and a copy of his social security card which show his SSN as "XXX-4X-XX3X."
DISCUSSION AND CONCLUSIONS:
The applicant's DA Form 2-1, prepared on 4 November 1974, shows his SSN as "XXX-4X-XX3X." Therefore, it would be appropriate to correct his DD Form 214 to reflect his SSN as "XXX-4X-XX3X."
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 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) AR20120003348
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120003348
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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