IN THE CASE OF:
BOARD DATE: 12 February 2014
DOCKET NUMBER: AR20130010137
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 military record to show his social security number (SSN) as XXX-60-XXXX instead of XXX-66-XXXX.
2. The applicant states his military record incorrectly lists his SSN.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 applicants 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 applicants 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 30 October 1965. He was trained in and awarded military occupational specialty 15B (Missile Crewman).
3. The majority of all documents maintained in his military record contain his service number and not his SSN. However, the AGPZ Form 1072 (Official Military Personnel File (OMPF)) prepared on him upon his entry on active duty lists the SSN XXX-60-XXX on the label affixed to its front cover.
4. On 27 October 1967, the applicant was honorably released from active duty having completed his 1 year, 11 months, 28 days of creditable active duty service. Item 3 (SSN) of his DD Form 214 contains the XXX-66-XXXX.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his record should be corrected to show his correct SSN. There is sufficient evidence to support granting a portion of the requested relief.
2. The applicant's military record confirms he was inducted and served under the SSN he claims is correct. This is the same SSN shown on his OMPF prepared upon his entry on active duty. Therefore, item 3 of his DD Form 214 should be corrected by deleting the current entry and replacing it with entry XXX-60-XXXX.
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:
a. amending item 3 of his DD Form 214 by deleting the current entry and replacing it with the SSN shown on his AGPZ Form 1072 and
b. issuing him a document that shows this correction.
_______ _ 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) AR20120006817
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ABCMR Record of Proceedings (cont) AR20130010137
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