BOARD DATE: 7 May 2014
DOCKET NUMBER: AR20130013261
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as 580-XX-XXXX.
2. The applicant states his SSN is 580-XX-XXXX, not 980-XX-XXXX as shown on his DD Form 214.
3. The applicant provides a copy of his 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. On 7 July 1965, the applicant enlisted in the Regular Army. His records consistently show his SSN as 580-XX-XXXX.
3. On 5 July 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows his SSN as 980-XX-XXXX.
4. U.S. Army Administration Center Letter Orders Number 09-1062369, dated 30 September 1970, discharged him from the U.S. Army Reserve effective 30 September 1970. These orders show his SSN as 580-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 in U.S. Army Administration Center Letter Orders Number 09-1062369.
___________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) AR20130013261
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ABCMR Record of Proceedings (cont) AR20130013261
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