BOARD DATE: 14 May 2013
DOCKET NUMBER: AR20120018737
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-x2-xxxx" instead of "xxx-x0-xxxx."
2. The applicant states:
* the SSN shown on his DD Form 214 is incorrect
* his SSN is "xxx-x2-xxxx"
* his Honorable Discharge Certificate lists the correct SSN
3. The applicant provides:
* DD Form 214
* Honorable Discharge Certificate from the U.S. Army Reserve (USAR)
* Social Security card
* Arizona driver license
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 was inducted into the Army of the United States on 26 October 1966. His record contains a DD Form 398 (Statement of Personal History) that he completed during his induction processing. He indicated his SSN as
"xxx-x2-xxxx."
3. His record also contains a DA Form 41 (Record of Emergency), dated April 1968, that shows the same SSN as shown on his DD Form 398.
4. On 19 October 1968, he was honorably released from active duty and transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation. The DD Form 214 he was issued at the time shows his SSN as "xxx-x0-xxxx."
5. He was honorably discharged from the USAR on 25 October 1972. His Honorable Discharge Certificate shows his SSN as "xxx-x2-xxxx."
6. He provided a copy of his Social Security card that shows his SSN as
"xxx-x2-xxxx."
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 398 and DA Form 41 show he recorded his SSN as "xxx-x2-xxxx." It appears an administrative error occurred during the preparation of his DD Form 214 that resulted in an incorrect SSN. 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 from his DD Form 214 the current SSN entry and replacing it with the SSN as shown on his DD Form 398 and DA Form 41.
_______ _ 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) AR20120018737
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120018737
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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