IN THE CASE OF:
BOARD DATE: 12 December 2013
DOCKET NUMBER: AR20130007279
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) to show his SSN as XXX-XX-9XXX instead of XXX-XX-8XXX.
2. The applicant states item 3 of his DD Form 214 should show his SSN as
XXX-XX-9XXX instead of XXX-XX-8XXX.
3. The applicant provides:
* DD Form 214
* 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. The applicant was inducted into the Army of the United States on 26 May 1966. The DA Form 201 (Military Personnel Records Jacket) prepared on him lists his SSN as XXX-XX-9XXX.
3. The DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty lists his SSN as XXX-XX-8XXXX. His DA Form 41 (Record of Emergency Data) initially prepared on 28 July 1966 and later updated on 3 May 1968 lists his SSN as XXX-XX-9XXX.
4. On 24 May 1968, the applicant was released from active duty. Item 3 of his DD Form 214 lists his SSN as XXX-XX-8XXX.
5. The applicant provides a copy of his Social Security Card. It lists his SSN as "XXX-XX-9XXX."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his SSN as "XXX-XX-9XXX." There is sufficient evidence to support this claim.
2. The available evidence confirms the applicant used both the SSN that he now claims is correct and the SSN that is listed on his DD Form 214. He also provides a copy of his Social Security Card which confirms his SSN as
"XXX-XX-9XXX." Therefore, item 3 of his DD Form 214 should be corrected by deleting the current SSN entry and adding the SSN that is shown 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 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 in item 3 of his DD Form 214 and adding the SSN as it is 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) AR20130007279
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ABCMR Record of Proceedings (cont) AR20130007279
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