IN THE CASE OF:
BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130006528
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-xx8x."
2. The applicant states:
* the SSN on his DD Form 214 is not the number issued to him by the Social Security Administration
* his SSN is "xxx-xx-xx8x" not "xxx-xx-xx0x"
3. The applicant provides:
* Letter, dated 26 July 1994, from the Social Security Administration
* 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 31 January 1968 for a period of 3 years.
3. Reassignment orders, dated 25 March 1968, show his SSN as "xxx-xx-xx8x."
4. He served as a light weapons infantryman in Vietnam and he was honorably released from active duty on 15 October 1970.
5. Item 3 (SSN) of his DD Form 214 shows his SSN as "xxx-xx-xx0x."
6. He provides a letter from the Social Security Administration which shows his SSN as "xxx-xx-xx8x."
DISCUSSION AND CONCLUSIONS:
The applicant's reassignment orders, dated 25 March 1968, show he recorded his SSN as "xxx-xx-xx8x." 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 reassignment orders, dated 25 March 1968.
_______ _ 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) AR20130006528
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ABCMR Record of Proceedings (cont) AR20130006528
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