BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130011408
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, in effect, his SSN is shown as XXX-XX-0439 and should be XXX-XX-0493.
3. The applicant provides copies of his 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 28 May 1958, the applicant was inducted into the Army of the United States. His records consistently show his SSN as XXX-XX-0493 throughout his military service.
3. There is no evidence the SSN XXX-XX-0439 was ever used during his military service.
4. On 3 March 1960, he was honorably released from active duty. Item 32 (Remarks) of his DD Form 214 shows the entry: "SSAN XXX XX 0439."
5. His social security card shows his SSN as XXX-XX-0493.
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) AR20130011408
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ABCMR Record of Proceedings (cont) AR20130011408
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