BOARD DATE: 12 December 2013
DOCKET NUMBER: AR20130006166
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 "x54-xx-xxxx."
2. The applicant states:
* his SSN is listed incorrectly on his DD Form 214
* his correct SSN is "x54-xx-xxxx"
* the first three digits are listed incorrectly
3. The applicant provides:
* social security card
* letter, dated 6 March 2013, from the Social Security Administration in Chattanooga, TN
* 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. The applicant enlisted in the Regular Army on 14 December 1966 for a period of 3 years.
3. His DA Form 3027 (U.S. Army Request for National Agency Check), dated
5 January 1967, shows his SSN as "x54-xx-xxxx."
4. He served as a communications center specialist in Vietnam and he was honorably released from active duty on 14 September 1969.
5. Item 3 (SSN) of his DD Form 214 shows his SSN as "x45-xx-xxxx."
6. He provides a copy of his social security card and documentation from the Social Security Administration which show his SSN as "x54-xx-xxxx."
DISCUSSION AND CONCLUSIONS:
The applicant's DA Form 3027, dated 5 January 1967, shows he recorded his SSN as "x54-xx-xxxx." Therefore, it would be appropriate to correct his DD Form 214 accordingly.
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 deleting the current SSN entry from his DD Form 214 and replacing it with the SSN shown on his DA Form 3027.
_______ _ 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) AR20130006166
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ABCMR Record of Proceedings (cont) AR20130006166
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