IN THE CASE OF:
BOARD DATE: 12 November 2013
DOCKET NUMBER: AR20130004477
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 the second digit of his social security number (SSN) as "2" instead of "9."
2. He states his DD Form 214 reflects the wrong SSN. His social security card will confirm his SSN is X2X-XX-XXXX and not X9X-XX-XXXX.
3. He 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. The applicant was inducted into the Army of the United States on 22 April 1970 and he was released from active duty on 30 October 1971. His DD Form 214 shows the second digit of his SSN as "9."
3. A review of his service record revealed documents that reflect the second digit of his SSN both as "2" and "9." He provided a copy of his social security card which shows the second digit of his SSN as "2."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 reflects the wrong SSN is acknowledged and determined to have merit.
2. His military personnel record contains documents that show the second digit of his SSN as "2." The social security card provided by the applicant also confirms the second digit of his SSN as "2." Therefore, his DD Form 214 should be amended to list the SSN as it is listed on the 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 amending his DD Form 214 to show the SSN that 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) AR20130004477
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130004477
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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