IN THE CASE OF:
BOARD DATE: 15 August 2013
DOCKET NUMBER: AR20130000064
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 "190-XX-XXXX."
2. He states his DD Form 214 shows his SSN as "140-XX-XXXX" and it should read "190-XX-XXXX." He believes this is a typographical error.
3. He provides his DD Form 214 and 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 was inducted into the Army of the United States on 16 July 1965. The DA Form 41 (Record of Emergency Data) he completed at the time of his induction shows his SSN as "190-XX-XXXX."
3. He was released from active duty on 26 June 1967. His DD Form 214 shows his SSN as "140-XX-XXXX."
4. He provided a copy of his social security card which shows his SSN as
"190-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
1. The applicant entered active service on 16 July 1965. At that time, a military service number was issued for the purpose of identification. However, his military personnel records contain a DA Form 41 which shows his SSN as
"190-XX-XXXX."
2. The social security card provided by the applicant confirms his SSN is
"190-XX-XXXX." Therefore, his DD Form 214 should be corrected to show his SSN as it is recorded on his social security card.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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) AR20130000064
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130000064
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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