IN THE CASE OF:
BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120012069
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 "X98-XX-XXXX."
2. The applicant states:
* the SSN shown on his DD Form 214 is incorrect
* his SSN is "X98-XX-XXXX"
3. The applicant provides:
* Social security card
* Letter, dated 6 April 2012, from the Social Security Administration in Wilmington, NC
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's DD Form 398 (Statement of Personal History), dated
21 August 1969, shows his SSN as "X98-XX-XXXX." He was inducted into the Army of the United States on 22 August 1969.
3. He served as a light weapons infantryman in Vietnam from 4 February 1970 to 21 December 1970. On 11 June 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
4. His DD Form 214 shows his SSN as "X89-XX-XXXX."
5. The applicant provides a copy of his social security card that shows the same SSN as shown on his DD Form 398.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 398, dated 21 August 1969, shows he recorded his SSN as "X98-XX-XXXX" as shown on his social security card. Therefore, it would be appropriate at this time to correct his DD Form 214 accordingly.
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 SSN currently shown on his DD Form 214 and replacing it with the SSN as 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) AR20120012069
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ABCMR Record of Proceedings (cont) AR20120012069
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