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ARMY | BCMR | CY2012 | 20120009266
Original file (20120009266.txt) Auto-classification: Approved

		

		BOARD DATE:	  20 November 2012

		DOCKET NUMBER:  AR20120009266 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 26 February 1974 be corrected to reflect his correct Social Security Number (SSN).

2.  The applicant states that his first DD Form 214 contains an incorrect SSN in block 3.

3.  The applicant provides copies of his DD Forms 214 and a copy of his Social Security Card contained on a letter from the Social Security Administration.

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 enlisted in the California Army National Guard (CAARNG) with parental consent on 27 August 1973.  All of the documents associated with his enlistment indicate the SSN that is contained on his DD Form 214 dated           26 February 1974.

3.  He was ordered to initial active duty training (IADT) on 12 October 1973 and on 26 February 1974, he was honorably released from IADT at Fort Leonard Wood, Missouri and was returned to his CAARNG unit.  His DD Form 214 issued at the time reflects the SSN of record at the time.

4.  On 6 June 1977 he was involuntarily ordered to active duty for a period of 17 months and 16 days and he was transferred to Germany.

5.  On 11 November 1977 the applicant submitted a DA Form 4187 (Personnel Action) in which he requested that his SSN be corrected in his records because he entered the Army using an SSN provided by his recruiter and has since been issued a new SSN.  Accordingly, his military records were corrected to reflect the SSN that is contained on his Social Security card.

6.  On 21 November 1978 he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 13-4b.  His DD Form 214 issued at the time of his discharge contains the SSN that is reflected on his Social Security card.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 dated 26 February 1974 should be corrected to reflect the SSN that is reflected on his Social Security card has been noted and found to have merit.

2.  The available evidence of record shows that the SSN used by the applicant was not in fact his actual SSN and his official records were subsequently changed to reflect the SSN that he was issued by the Social Security Administration.

3.  Accordingly, his DD Form 214 dated 26 February 1974 should be changed to reflect his correct 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 correcting his DD Form 214 dated 26 February 1974 to reflect the SSN that is reflected 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)                                         AR20120009266





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20120009266



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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