BOARD DATE: 26 June 2014
DOCKET NUMBER: AR20130019539
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-xx35" instead of "xxx-xx-xx53."
2. The applicant states item 3 (SSN) of 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. The applicant was inducted into the Army of the United States on 10 March 1967.
3. His DA Form 3027 (U.S. Army Request for National Agency Check), dated
14 March 1967, and his DA Form 20 (Enlisted Qualification Record) show his SSN as "xxx-xx-xx35."
4. He served as a radio operator in Vietnam and he was released from active duty on 3 March 1969.
5. Item 3 of his DD Form 214 shows his SSN as "xxx-xx-xx53."
6. He provides a copy of his social security card that shows his SSN as
"xxx-xx-xx35."
DISCUSSION AND CONCLUSIONS:
The applicant's DA Form 3027, dated 14 March 1967, and his DA Form 20 show he recorded his SSN as "xxx-xx-xx35." Therefore, it would be appropriate to correct his DD Form 214 accordingly.
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 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) AR20130019539
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ABCMR Record of Proceedings (cont) AR20130019539
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