IN THE CASE OF:
BOARD DATE: 22 August 2013
DOCKET NUMBER: AR20130002065
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) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his DD Form 214 shows his SSN as XXX-XX-XXX8, but his correct SSN is XXX-XX-XXX4.
3. He provides:
* DD Form 214
* orders
* Medicare Health Insurance card
* 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. On 27 November 1970, the applicant enlisted in the Regular Army. The DD Form 4 (Enlistment Contract - Armed Forces of the United States) completed at that time shows his SSN as "XXXXXXXX4."
3. On 28 September 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR). The DD Form 214 issued at that time shows his SSN as "XXX XX XXX8."
4. A review of his record shows that, with the exception of his DD Form 214, his SSN was consistently recorded as XXX-XX-XXX4 throughout his military service.
5. He provides, in part:
* Orders 10-1185557, issued by the Office of the Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, MO, dated 20 October 1976, showing his SSN as "XXX-XX-XXX4"
* his Social Security card showing his SSN is XXX-XX-XXX4
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 is clear that an error was made when his SSN was entered on his DD Form 214. Therefore, it would be appropriate 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 replacing the SSN entered on his DD Form 214 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) AR20130002065
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ABCMR Record of Proceedings (cont) AR20130002065
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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