BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20130017882
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 XX9-XX-8XXX. The applicant also requests clarification of the effective date of his release from active duty.
2. The applicant states his SSN is XX9-XX-8XXX, not XX7-XX-3XXX as shown on his DD Form 214. He states the effective date of his release from active duty is unclear as it has a strike-over.
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 30 October 1962, the applicant enlisted in the Regular Army. His records consistently show the use of the SSN XX9-XX-8XXX.
3. On 22 October 1965, he was honorably released from active duty. He completed 2 years, 11 months, and 23 days of active service. (Based upon his completion of this amount of service, he should read his DD Form 214 to show he was released from active duty on 22 October 1965.) His DD Form 214 shows his SSN as XX7-XX-3XXX.
4. The applicant's records contain his DA Form 24 (Service Record) which shows his SSN as XX9-XX-8XXX.
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 DA Form 24.
___________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) AR20130017882
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