IN THE CASE OF:
BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20130000400
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-xx-5xxx" instead of "xxx-xx-6xxx."
2. He states his SSN is incorrect.
3. He provides:
* DD Form 214
* Social Security card
* Social Security Administration (SSA) SSN Printout, dated 22 February 2011
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. On 14 January 1966, the applicant was inducted into the Army of the United States.
3. On 22 September 1967, he completed a DD Form 398 (Statement of Personal History). In the block provided for his SSN under item 13 (Employment), he entered his SSN as "xxx-xx-5xxx."
4. On 8 November 1967, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. Item 3 of his DD Form 214 shows the entry "xxx-xx-6xxx."
5. On 29 December 1971, he was honorably discharged from the USAR. The orders affecting his discharge show his SSN as "xxx-xx-5xxx."
6. He provides his Social Security card and an SSA SSN Printout showing his SSN as "xxx-xx-5xxx."
DISCUSSION AND CONCLUSIONS:
The evidence shows the SSN shown on the applicant's Social Security card was properly entered in his record during his service. It appears that during the preparation of his DD Form 214 an administrative error occurred resulting in his SSN being incorrectly recorded. Therefore, it would be appropriate at this time to correct his DD Form 214 to show the SSN shown 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 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 item 3 of his DD Form 214 the current entry and replacing it with the replacing the Social Security Number 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) AR20130000400
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ABCMR Record of Proceedings (cont) AR20130000400
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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