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ARMY | BCMR | CY2013 | 20130007493
Original file (20130007493.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  17 December 2013

		DOCKET NUMBER:  AR20130007493 


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-xxx9."

2.  The applicant states the SSN is incorrect.  

3.  The applicant provides a copy of his 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's DD Form 398 (Statement of Personal History), dated 
10 October 1966, shows his SSN as "xxx-xx-xxx9."

3.  He was inducted into the Army of the United States on 13 October 1966.  He served as a field artillery crewman in Vietnam and he was released from active duty on 5 October 1968.

4.  Item 3 (SSN) of his DD Form 214 shows his SSN as "xxx-xx-xxx8."

5.  He provides a copy of his social security card which shows his SSN as 
"xxx-xx-xxx9."

DISCUSSION AND CONCLUSIONS:
  
The applicant's DD Form 398, dated 10 October 1966, shows he recorded his SSN as "xxx-xx-xxx9."  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 DD Form 398.



      _______ _   __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)                                         AR20130007493





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ABCMR Record of Proceedings (cont)                                         AR20130007493



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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