IN THE CASE OF:
BOARD DATE: 5 February 2014
DOCKET NUMBER: AR20130009745
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-x4-xxxx" instead of "xxx-x0-xxxx."
2. The applicant states:
* the SSN listed on his DD Form 214 is incorrect
* it was a clerical error
* the numbers were transcribed incorrectly
3. The applicant provides his DD Form 214 and a printout from the Social Security Administration.
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 4 (Enlistment Contract Armed Forces of the United States), dated 5 December 1967, shows he recorded his SSN as "xxx-x4-xxxx."
3. He enlisted in the Regular Army on 5 December 1967 for a period of 3 years. He served as a water supply specialist in Vietnam and he was released from active duty on 4 December 1970.
4. Item 3 (SSN) of his DD Form 214 shows his SSN as "xxx-x0-xxxx."
5. He provides a letter from the Social Security Administration in Waycross, Georgia which shows his SSN as "xxx-x4-xxxx."
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 4, dated 5 December 1967, shows he recorded his SSN as "xxx-x4-xxxx." 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 enlistment contract.
_______ _ 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) AR20130009745
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130009745
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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