IN THE CASE OF:
BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130017539
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-4138.
2. The applicant states his SSN is XXX-XX-4138. His DD Form 214 is incorrect.
3. The applicant provides a copy of his 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 11 April 1966, the applicant was inducted into the Army of the United States. His records consistently show the use of the SSN XXX-XX-4138.
3. On 14 January 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 for this period shows his SSN as XXX-XX-3097.
4. The applicant's records contain U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 03-1102496, dated 22 March 1972, which show his SSN as XXX-XX-4138.
5. The applicant's records also contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 July 1985 which shows his SSN as XXX-XX-4138.
6. The applicant provided a copy of his social security card which shows his SSN as XXX-XX-4138.
DISCUSSION AND CONCLUSIONS:
The evidence indicates an administrative error was made when recording the applicant's SSN on his DD Form 214 for the period ending 14 January 1968. 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 for the period ending 14 January 1968 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) AR20130017539
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130017539
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