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ARMY | BCMR | CY2013 | 20130006420
Original file (20130006420.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  21 November 2013

		DOCKET NUMBER:  AR20130006420 


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-6598 instead of XXX-XX-6590.

2.  The applicant states his DD Form 214 does not show his correct SSN.

3.  The applicant provides:

* DD Form 214
* social security card
* Honorable Discharge Certificate
* State of Arkansas Certificate of Live Birth

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 7 September 1960.

3.  His Military Personnel Records Jacket (MPRJ) contains a DA Form 41 (Record of Emergency Data), dated 9 July 1962, that shows his SSN as 
XXX-XX-6598.

4.  On 6 September 1963, the applicant was honorably released from active duty at the expiration of his term of service.  He completed 3 years of total active service.  Item 32 (Remarks) of his DD Form 214 shows his SSN as 
XXX-XX-6590.

5.  The applicant provided his social security card that shows his SSN as 
XXX-XX-6598.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows his SSN as XXX-XX-6590.  However, the DA Form 41 contained in his MPRJ and the applicant's social security card confirm his SSN as XXX-XX-6598.  It appears that an administrative error occurred during preparation of his DD Form 214.

2.  In view of the foregoing evidence, the applicant's DD Form 214 should be corrected to show his SSN as shown on his DA Form 41.

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 replacing the SSN shown on his DD Form 214 with the SSN shown on his DA Form 41.




      _______ _  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)                                         AR20130006420



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20130006420



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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