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ARMY | BCMR | CY2013 | 20130000752
Original file (20130000752.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  23 July 2013

		DOCKET NUMBER:  AR20130000752 


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 the Social Security Number (SSN) listed on his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states, in effect, the first digit of his SSN is a "4" not "3" as it is listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a 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's DD Form 47 (Record of Induction), dated 19 May 1969, lists the first digit of his SSN as "4." 

3.  His DD Form 214, issued on 24 July 1971, lists the first digit of his SSN as "3."  However, all other military records, including his 20 August 1975 U.S. Army Reserve discharge orders list his SSN with the first digit as "4."

4.  The social security card that he provided also lists his SSN with a "4" as the first digit.

5.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the transition point is to ensure all information on DD Form 214 and other separation documents is accurate.  The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance.  A Soldier's SSN is to be verified from the Soldiers Enlisted Record Brief/Officer Record Brief or from a social security card.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the first digit of the SSN listed on his 24 July 1971 
DD Form 214 is in error.

2.  All of the applicant's available records to include his DD Form 47 and USAR discharge orders list the first digit of his SSN as "4."  The social security card he provided also lists the first digit of his SSN as "4."  Therefore, the evidence is sufficient to correct the SSN listed on his DD Form 214.

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 listing his SSN on his DD Form 214 as it is listed 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)                                         AR20130000752



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20130000752



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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