BOARD DATE: 12 February 2014
DOCKET NUMBER: AR20130010326
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 social security number (SSN) to read "XXX-XX-5186" on the following documents:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 257A (General Discharge Certificate)
* U.S. Army Administration Center Letter Orders 11-534761, dated 11 November 1970
2. The applicant states:
* his SSN should be "XXX-XX-5186"
* he believes a typing error occurred when entering the information on his DD Form 214
3. The applicant provides:
* social security card
* General Discharge Certificate
* U.S. Army Administration Center Letter Orders 11-534761, dated 11 November 1970
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 enlisted in the Regular Army on 21 November 1965 for a period of 3 years.
3. His DA Form 20 (Enlisted Qualification Record) authenticated on 26 November 1965 shows his SSN as "XXX-XX-5186."
4. His DA Form 41 (Record of Emergency Data), dated 6 November 1968, also shows his SSN as "XXX-XX-5186."
5. He was honorably released from active duty on 14 June 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement).
6. Item 3 (SSN) of his DD Form 214 shows his SSN as " XXX-XX-5180."
7. He was discharged under honorable conditions (general) from the USAR on 9 November 1970. His DD Form 257A, dated 9 November 1970, shows his SSN as "XXX-XX-5180."
8. He provided U.S. Army Administration Center Letter Orders 11-534761, dated 11 November 1970, which show he was released from the USAR Control Group (Reinforcement) and assigned to the USAR Control Group (Standby) effective 22 November 1970. His SSN is shown as "XXX-XX-5180" on these orders.
9. He also provided a copy of his social security card which shows his SSN as
"XXX-XX-5186."
DISCUSSION AND CONCLUSIONS:
The applicant's DA Form 20 and DA Form 41 show he recorded his SSN as "XXX-XX-5186" in 1965 and 1968, respectively. Therefore, it would be appropriate to correct the SSN shown on his DD Form 214, DD Form 257A, and U.S. Army Administration Center Letter Orders 11-534761 accordingly.
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 the current SSN entries on his DD Form 214, DD Form 257A, and U.S. Army Administration Center Letter Orders 11-534761 to reflect the SSN shown on his DA Form 20 or DA Form 41.
__________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) AR20130010326
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130010326
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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