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ARMY | BCMR | CY2013 | 20130001325
Original file (20130001325.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  13 August 2013

		DOCKET NUMBER:  AR20130001325 


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, in effect, correction of item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the 6th digit of his SSN as "6" vice "5."

2.  The applicant states a typographical error occurred upon preparation of his DD Form 214. 

3.  The applicant provides:

* DD Form 214
* 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 military record contains an undated DD Form 398 (Statement of Personal History) that he completed prior to his enlistment.  Item 13 (Employment) contains a block for the SSN wherein he entered his SSN as
"XXX-XX-6XXX."  

3.  The applicant enlisted in the Regular Army on 29 August 1966.  

4.  The majority of documents on file in the applicant's Army Military Human Resource Record (AMHRR) list his SSN as "XXX-XX-6XXX."

5.  On 28 October 1968, the applicant was released from active duty.  Item 3 of his DD Form 214 lists his SSN as XXX-XX-5XXX.

6.  The applicant provides a copy of his Social Security card.  It lists his SSN as "XXX-XX-6XXX."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his SSN as "XXX-XX-6XXX."  There is sufficient evidence to support this claim.

2.  The applicant's AMHRR confirms the SSN that the applicant claims is correct is the same SSN identified upon his entry on active duty and listed on a majority of the documents on file.  He also provides a copy of his Social Security card which confirms his SSN as "XXX-XX-6XXX."  Therefore, item 3 of his DD Form 214 should be corrected by deleting the current SSN entry and replacing it with 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 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 in item 3 of his DD Form 214 and replacing it with the SSN as 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)                                         AR20130001325





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ABCMR Record of Proceedings (cont)                                         AR20130001325



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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