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ARMY | BCMR | CY2013 | 20130006535
Original file (20130006535.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  2 December 2013

		DOCKET NUMBER:  AR20130006535 


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 Item 3 (social security number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, his SSN is incorrectly shown on his 
DD Form 214 as "xxx-xx-x6xx" and should be shown as "xxx-xx-x5xx," the same as shown on his social security card.  He is sending copies of correspondence that he originated to the National Personnel Records Center (NPRC) on 4 and 21 March 2013.  

3.  The applicant provides copies of his DD Form 214, social security card, and two letters from the NPRC and his responses.

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

2.  The applicant enlisted in the U.S. Army Reserve (USAR) on 4 November 1965.  At the time of his enlistment, he was assigned and identified by a service number which began with the prefix "ER" for Enlisted Reserves.  His SSN is not shown on his DD Form 4 (Enlistment Record – Armed Forces of the United States).

3.  He was ordered to active duty for training (ACDUTRA) and entered active duty on 28 November 1966.  He was released from ACDUTRA on 8 April 1967 and reverted to the U.S. Army Reserve Corps.  Item 3 of his DD Form 214 lists his SSN as "xxx-xxx-x6xx."

4.  He was promoted to pay grade E-4 on 21 August 1968.  His orders list his SSN as "xxx-xx-x5xx."

5.  He was honorably discharged from the USAR on 31 October 1971.  His orders list his SSN as "xxx-xx-x5xx."

6.  Item 1 (Name (Last, first, middle initial) and Service Number) of his DA Form 20 (Enlisted Qualification Record) lists his SSN as "xxx-xx-x5xx."

7.  He provided copies of his social security card and a letter from the NPRC which show his SSN as "xxx-xx-x5xx."

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated to transcribe SSN from the Soldier's service record for item 3.

DISCUSSION AND CONCLUSIONS:

The available evidence shows at the time of the applicant's enlistment in the USAR, he was assigned and identified by a service number.  However, his DA Form 20 and USAR promotion and discharge orders list his SSN as "xxx-xx-x5xx."  These documents are accepted as sufficient evidence to correct his DD Form 214 to show his SSN as "xxx-xx-x5xx."



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 the current SSN entry from the applicant's DD Form 214 and replacing it with the SSN as listed 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)                                         AR20130006535





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20130006535



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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