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ARMY | BCMR | CY2013 | 20130008910
Original file (20130008910.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  16 January 2014

		DOCKET NUMBER:  AR20130008910 


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 social security number (SSN) shown on his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states the SSN was entered incorrectly on his DD Form 214.

3.  The applicant provides copies of his social security card, Florida driver license, Department of Veterans Affairs identification card, and 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.  On 15 November 1972, the applicant enlisted in the Regular Army.

3.  On 13 November 1972, the applicant completed a DD Form 398 (Statement of Personal History) in connection with his enlistment.  In item 13 (Employment), he entered his SSN as "XXX-XX-XXX1."

4.  On 20 November 1975, he was honorably released from active duty.  His DD Form 214 shows his SSN as "XXX-XX-XXX0."

5.  He provides a copy of his social security card showing his SSN as
"XXX-XX-XXX1."

DISCUSSION AND CONCLUSIONS:

The evidence shows the SSN shown on the applicant's social security card was properly entered in his record during his military service.  It is clear that an error was made when his SSN was entered on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show the SSN 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 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 replacing the SSN entered on his DD Form 214 with the SSN shown 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)                                         AR20130008910





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ABCMR Record of Proceedings (cont)                                         AR20130008910



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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