IN THE CASE OF:
BOARD DATE: 24 July 2014
DOCKET NUMBER: AR20130020905
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) for the period ending 14 July 1969 to show his social security number (SSN) as "xxx-xx-x85x" instead of "xxx-xx-x58x."
2. The applicant states his SSN is incorrect on his DD Form 214 for the period ending 14 July 1969.
3. The applicant provides:
* DA Form 2139-1 (Military Pay Voucher)
* Social security card
* Special orders, dated 12 May 1969
* DD Form 214 for the period ending 14 July 1969
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 U.S. Army Reserve on 27 September 1965 for a period of 6 years. His DD Form 4 (Enlistment Record) shows his SSN as "xxx-xx-x85x." He was ordered to active duty on 12 January 1967 for training and he was released from active duty (REFRAD) on 20 May 1967.
3. Item 3 (SSN) of his DD Form 214 for the period ending 20 May 1967 shows his SSN as "xxx-xx-x85x."
4. He was ordered to active duty on 13 May 1968 for a period of 2 years. He was REFRAD on 14 July 1969.
5. Item 3 of his DD Form 214 for the period ending 14 July 1969 shows his SSN as "xxx-xx-x58x."
6. He provides a copy of his social security card that shows his SSN as
"xxx-xx-x85x."
DISCUSSION AND CONCLUSIONS:
The applicant's 1965 DD Form 4 and his DD Form 214 for the period ending
20 May 1967 show he recorded his SSN as "xxx-xx-x85x." Therefore, it would be appropriate to correct his DD Form 214 for the period ending 14 July 1969 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) AR20130020905
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130020905
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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