IN THE CASE OF:
BOARD DATE: 24 October 2013
DOCKET NUMBER: AR20130004753
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-xxx7" instead of "xxx-xx-xxx1."
2. The applicant states he believes his record is in error because he received Social Security and Medicare. The Army Reserve has his correct SSN.
3. The applicant provides:
* his DD Form 214
* Social Security Administration (SSA) SSN printout, dated 15 March 2013
* Special Orders Number 160, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 9 June 1970
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 18 June 1968, the applicant was inducted into the Army of the United States. At the time of his induction, he was assigned a service number that was primarily used for identification purposes.
3. His record contains a DA Form 20 (Enlisted Qualification Record), dated
21 June 1968, that was prepared during his induction processing. This form shows his SSN as "xxx-xx-xxx7." This form was last audited by the applicant on 31 January 1970.
4. The applicant's record shows that all documents, such as orders and forms containing his SSN, except his DD Form 214, show his SSN as shown on the SSA SSN Printout provided by the applicant.
5. On 9 June 1970, he was honorably released from active duty as an overseas returnee. Item 3 (SSN) of his DD Form 214 shows his SSN as "xxx-xx-xxx1."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows his SSN as "xxx-xx-xxx7." It appears an administrative error occurred that resulted in the SSN on his DD Form 214 being shown as "xxx-xx-xxx1."
2. In view of the foregoing, the applicant's DD Form 214 should be corrected to show his SSN as shown on his DA Form 20.
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 from item 3 of his DD Form 214 the current entry and replacing it with the SSN entry as shown on his DA Form 20.
_______ _ _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) AR20130004753
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ABCMR Record of Proceedings (cont) AR20130004753
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