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ARMY | BCMR | CY2013 | 20130010083
Original file (20130010083.txt) Auto-classification: Approved

		IN THE CASE OF:  

		BOARD DATE:  30 January 2014

		DOCKET NUMBER:  AR20130010083


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-3443" instead of "XXX-XX-3442."

2.  The applicant states his SSN is incorrectly shown in his records.  He states the incorrect number is "XXX-XX-3442" and the correct number is "XXX-XX-3443." 

3.  The applicant provides 2 copies of his DD Form 214, his DD Form 256A (Honorable Discharge Certificate), and 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 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 19 May 1971, the applicant was inducted into the Army of the United States.  Item 2 (Service Number) of his DD Form 47 (Record of Induction) identifies his SSN as "XXX-XX-3443."  

3.  Special Orders Number 097, issued by the Armed Forces Examining and Entrance Station, Pittsburgh, PA on 19 May 1971, ordered his induction into the Army of the United States and entrance on active duty.  These orders identify his SSN as "XXX-XX-3443."  

4.  He entered active duty, completed his initial entry training, and was awarded military occupational specialty 92B (Medical Laboratory Specialist).

5.  On 18 December 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve.  Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-3442."

6.  The documents contained within his DA Form 201 (Military Personnel Records Jacket) identify his SSN as "XXX-XX-3443," with the noted exception of his DD Form 214.  He authenticated those documents by placing his signature where necessary when required.

7.  He provides his social security card that shows his SSN as "XXX-XX-3443."

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate, reflective of the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his SSN as "XXX-XX-3443" instead of "XXX-XX-3442."

2.  The evidence of record shows his SSN was identified as "XXX-XX-3443" throughout his period of military service.  He submitted his social security card to establish that this is, in fact, his correct SSN.  

3.  It appears his SSN is incorrectly listed on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show his SSN as it is 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 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 amending his DD Form 214 by deleting the current SSN 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)                                         AR20100016576



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ABCMR Record of Proceedings (cont)                                         AR20130010083



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