IN THE CASE OF:
BOARD DATE: 29 October 2013
DOCKET NUMBER: AR20130004200
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-2904.
2. The applicant states the SSN recorded on his DD Form 214 is in error and has caused him difficulty in obtaining benefits from the Department of Veterans Affairs.
3. The applicant provides his DD Form 214 and 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. He enlisted in the Regular Army on 18 September 1968 and he was honorably released from active duty on 21 April 1970. Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-XX-2404.
3. His records contain a DD Form 1584 (National Agency Check Request) and Special Orders Number 111, dated 21 April 1970, showing his SSN as
XXX-XX-2904.
4. He provides a copy of his social security card which shows his SSN as
XXX-XX-2904.
DISCUSSION AND CONCLUSIONS:
The available evidence shows his SSN is listed as XXX-XX-2904 and as
XXX-XX-X4XX on several documents. It is unclear why his SSN is recorded both ways; however, it appears to be the result of an administrative error. Therefore, it would be appropriate to correct his DD Form 214 to reflect his SSN as 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 from his DD Form 214 and replacing it 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) AR20130004200
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130004200
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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