IN THE CASE OF:
BOARD DATE: 20 February 2014
DOCKET NUMBER: AR20130011288
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 XXX-38-XXXX and should be
XXX-28-XXXX.
3. The applicant provides a copy of his Army DD Form 214, U.S. Marine Corps Discharge Certificate, and U.S. Marine Corps DD Form 214.
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. After pervious service in the U.S. Marine Corps, the applicant enlisted in the Regular Army on 30 September 1963.
3. On 29 September 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR). Item 32 (Remarks) of his DD Form 214 shows the comment "SSAN: XXX-38-XXXX."
4. On 31 August 1969, he was honorably discharged from the USAR. His Honorable Discharge Certificate shows his SSN as XXX-38-XXXX.
5. His prior U.S. Marine Corps records show his SSN as XXX-28-XXXX.
DISCUSSION AND CONCLUSIONS:
The evidence indicates an administrative error was made when recording the applicant's SSN on his Army DD Form 214 and on his USAR Honorable Discharge Certificate. 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 Army DD Form 214 and his USAR Honorable Discharge Certificate to show his SSN as shown in his U.S. Marine Corps records.
__________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) AR20130011288
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130011288
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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