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ARMY | BCMR | CY2013 | 20130019861
Original file (20130019861.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20130019861 


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 xx7-xx-xxxx.

2.  The applicant states, in effect, the SSN shown on his DD Form 214 is incorrect.

3.  The applicant provides copies of the following:

* DD Form 214
* Social Security Card
* Minnesota Driver's 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 enlisted in the Regular Army on 6 August 1964.  At the time of his enlistment he was issued a service number as his primary military identification number.

3.  On 20 December 1966, a DA Form 41 (Record of Emergency Data) was completed on the applicant.  It lists his SSN as "xx1-xx-xxxx."

4.  On 21 July 1967, the applicant was honorably released from active duty.  He was transferred to the U. S. Army Reserve (USAR) Control Group (Reinforcement).  Item 3 (Social Security Number) of the DD Form 214 he was issued at the time shows his SSN as "xx9-xx-xxxx."

5.  Letter Orders Number 07-1035237 were published by the Office of the Adjutant General, St. Louis, MO, on 22 July 1970 discharging the applicant from the USAR, effective 5 August 1970.  These orders list his SSN as "xx7-xx-xxxx."

6.  The applicant provides a copy of his DD Form 214.  In item 3, the first three digits of his SSN have been marked out and have been altered to read "xx7."  He also provides a copy of his Social Security Card which shows "xx7-xx-xxxx" as his SSN.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.

2.  The applicant's SSN is shown three different ways in his Official Military Personnel File.  He provides a copy of his Social Security Card, which shows his correct SSN, and it is different than the number shown on his DD Form 214 but is the same as shown on his USAR discharge orders.

3.  In view of the foregoing, it would be appropriate at this time to correct the applicant's 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 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 from item 3 of his DD Form 214 the current entry and replacing it with the Social Security Number 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)                                         AR20130019861



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ABCMR Record of Proceedings (cont)                                         AR20130019861



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