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ARMY | BCMR | CY2013 | 20130004872
Original file (20130004872.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  31 October 2013

		DOCKET NUMBER:  AR20130004872 


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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "XXX-XX-XXX9" instead of "XXX-XX-XXX6."

2.  The applicant states he is a "gray area" retiree of the U.S. Army Reserve (USAR) and nearing eligibility to draw retired pay at age 60.

3.  The applicant provides:

* social security card
* DD Form 214

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 25 July 1978, the applicant enlisted in the USAR as a cadet while enrolled in the Reserve Officers' Training Corps, Davidson College, Davidson, NC.

3.  His DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows his SSN as "XXX-XX-XXX9."

4.  On 19 December 1979, he was honorably discharged from the USAR.

5.  On 5 January 1980, the applicant accepted an appointment as a second lieutenant in the Army National Guard.

6.  On 20 May 1980, he was ordered to active duty for training.  He was released from active duty for training on 6 September 1980.  Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-XXX6."

7.  His records contain various personnel documents and orders that list his SSN as "XXX-XX-XXX9."  He authenticated several of these documents as required by placing his signature in the appropriate block.

8.  On 16 May 2001, the applicant was transferred to the Retired Reserve.

9.  He provides a copy of his social security card that shows his SSN as 
"XXX-XX-XXX9."

DISCUSSION AND CONCLUSIONS:

1.  In connection with his enlistment in the USAR, the applicant listed his SSN as "XXX-XX-XXX9."  His records show he consistently used this SSN throughout his military service and his social security card confirms that this is the SSN he was issued.  It appears that an administrative error occurred during preparation of his DD Form 214 resulting in the incorrect SSN being entered.

2.  Based on the evidence of record and the evidence provided by the applicant, it would be appropriate to correct his DD Form 214 to show his SSN as it is 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 amending his DD Form 214 to show his SSN as it is 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)                                         AR20130004872



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ABCMR Record of Proceedings (cont)                                         AR20130004872



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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