BOARD DATE: 13 May 2014
DOCKET NUMBER: AR20130016299
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 XXX-XX-7281.
2. He states his correct SSN is XXX-XX-7281, not XXX-XX-7181 as shown on his DD Form 214.
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 18 July 1968, he enlisted in the Regular Army. His SSN is shown as
"000-00-0000" on his DD Form 4 (Enlistment Contract Armed Forces of the United States).
3. A review of his records shows his SSN is shown as both XXX-XX-7181 and XXX-XX-7281 on numerous documents.
4. Headquarters, 43d Signal Battalion, Vietnam, General Orders Number 7, dated 29 January 1971, awarded him the Army Good Conduct Medal (1st Award) for the period 18 July 1968 to 2 March 1971. These orders show his SSN as XXX-XX-7281.
5. His DD Form 214 shows he was honorably released from active duty on 2 March 1971. Item 3 (SSN) of this form shows his SSN as XXX-XX-7181.
6. He provides a copy of his social security card showing his SSN as
XXX-XX-7281.
DISCUSSION AND CONCLUSIONS:
His records show his SSN was incorrectly recorded on several documents. The Army Good Conduct Medal orders which covered the period of his service show his SSN as XXX-XX-7281. Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as shown 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 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
replacing the current SSN entered on his DD Form 214 with the SSN 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) AR20130016299
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ABCMR Record of Proceedings (cont) AR20130016299
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