IN THE CASE OF:
BOARD DATE: 5 February 2014
DOCKET NUMBER: AR20130010865
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 her social security number (SSN) shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, her SSN is shown as XXX-XX-4330 and should be XXX-XX-4350.
3. The applicant provides a copy of her DD Form 214 and 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 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 January 1980, the applicant enlisted in the Regular Army. Her enlistment contract shows her SSN as XXX-XX-4350.
3. On 20 May 1980, she was honorably discharged. Her narrative reason for separation was "Trainee Discharge Program (TDP) Marginal or Nonproductive." Item 3 (SSN) of her DD Form 214 shows her SSN as XXX-XX-4330.
4. She provided a copy of her social security card showing her SSN as
XXX-XX-4350.
DISCUSSION AND CONCLUSIONS:
The evidence indicates an administrative error was made when recording the applicant's SSN on her DD Form 214. It would be appropriate to correct this error at this time.
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 her DD Form 214 to show her SSN as shown on her 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) AR20130010865
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ABCMR Record of Proceedings (cont) AR20130010865
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