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ARMY | BCMR | CY2013 | 20130010876
Original file (20130010876.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  12 February 2014

		DOCKET NUMBER:  AR20130010876 


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) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his SSN is shown as 143-XX-XXXX and should be 
134-XX-XXXX.

3.  The applicant provides copies of his social security card and Internal Revenue Service Form W-2 (Wage and Tax Statement).

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 20 February 1969, the applicant was inducted into the Army of the United States.  His military records show his SSN as 134-XX-XXXX with the exception of his DD Form 214.

3.  On 20 September 1970, he was honorably released from active duty.  Item 3 (SSN) of his DD Form 214 shows his SSN as 143-XX-XXXX.

4.  He provided a copy of his social security card showing his SSN as 
134-XX-XXXX.

DISCUSSION AND CONCLUSIONS:

The evidence indicates an administrative error was made when recording the applicant's SSN on his 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 his DD Form 214 to show his SSN as shown 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)                                         AR20130010876



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20130010876



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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