IN THE CASE OF:
BOARD DATE: 5 December 2013
DOCKET NUMBER: AR20130007029
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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased spouse, a former service member (FSM), to show his social security number (SSN) as
"2XX-XX-XXXX."
2. The applicant states the SSN shown on the DD Form 214 is incorrect.
3. The applicant provides a DD Form 214 and a photocopy of a social security card.
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 8 June 1966, the FSM enlisted in the Regular Army.
3. A DD Form 398 (Statement of Personal History), DA Form 3027 (U.S. Army Request for National Agency Check), and other documents in his record show his SSN as "2XX-XX-XXXX."
4. On 6 June 1969, he was released from active duty. His DD Form 214 shows his SSN as "3XX-XX-XXXX."
5. The social security card the applicant provides shows the FSM's SSN as "2XX-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
1. His DD Form 214 shows his SSN as "3XX-XX-XXXX." However, his
DD Form 398, DA Form 3027, other documents in his record, and his social security card show his SSN as "2XX-XX-XXXX." Therefore, it appears a typographical error was made when entering his SSN on his DD Form 214.
2. As such, it would be appropriate to correct the FSM's DD Form 214 to show his SSN as listed 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 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 amending his DD Form 214 to show his 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) AR20130007029
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ABCMR Record of Proceedings (cont) AR20130007029
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