IN THE CASE OF:
BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130015572
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 the social security number (SSN) listed on his social security card.
2. He states his SSN is incorrect.
3. He provides his social security card and Florida State driver license.
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. The applicant was inducted into the Army of the United States on 7 September 1966. The DA Form 41 (Record of Emergency Data) he completed at the time of his induction shows the SSN listed on his social security card.
3. His service record includes documents that show the SSN that is listed on his social security card. He was released from active duty on 6 September 1968. The SSN on his DD Form 214 shows handwritten entries listing the fourth and fifth digits of the SSN listed on his social security card.
4. His service record contains an Option to Extend Ready Reserve Obligation form, date stamped 3 May 1971, which shows his SSN was corrected to show the SSN listed on his social security card.
DISCUSSION AND CONCLUSIONS:
1. The applicant entered active service on 7 September 1966. At that time, a military service number was issued for the purpose of identification. However, his military personnel records contain a DA Form 41 which shows the SSN listed on his social security card.
2. Therefore, his DD Form 214 should be corrected to show his SSN as it is recorded on his social security card.
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 deleting the current SSN entry from his DD Form 214 and replacing it with the SSN listed 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) AR20130015572
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130015572
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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