IN THE CASE OF:
BOARD DATE: 8 October 2013
DOCKET NUMBER: AR20130003589
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. The applicant states an administrative error resulted in the wrong SSN being recorded on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a Social Security Administration SSN printout, dated 7 February 2013.
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 20 December 1962, the applicant enlisted in the Regular Army.
3. His records show his SSN is recorded as "XXX-35-XXXX" on his Employee's Withholding Exemption Certificate, dated 5 January 1963, and as
"XXX-42-XXXX" on his DA Form 2349 (Military Pay Voucher) for the period ending 31 December 1965.
4. On 11 January 1966, he was honorably released from active duty. Item 32 (Remarks) of his DD Form 214 shows his SSN as "XXX-35-XXXX."
5. His Social Security Administration SSN printout verifies his SSN as
"XXX-42-XXXX."
DISCUSSION AND CONCLUSIONS:
The applicant's records contain two different SSN's; however, his military pay records show his SSN as "XXX-42-XXXX." Therefore, it would be appropriate to correct item 32 of his DD Form 214 to show the SSN listed on his Social Security Administration SSN printout.
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 amending item 32 of his DD Form 214 by deleting the current SSN entry and adding the SSN as it is listed on his Social Security Administration SSN printout.
_______ _ 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) AR20130003589
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ABCMR Record of Proceedings (cont) AR20130003589
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