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ARMY | BCMR | CY2013 | 20130021113
Original file (20130021113.txt) Auto-classification: Approved

		IN THE CASE OF: 

		BOARD DATE:	    29 July 2014

		DOCKET NUMBER:  AR20130021113 


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 232-XX-XXXXinstead of 323-XX-XXXX.

2.  The applicant states his SSN is incorrect as listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and health insurance 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 21 June 1960.
 
3.  His record contains a DA Form 24 (Service Record) covering the period       21 June 1960 to 4 June 1962 and DD Form 93 (Record of Emergency Data), dated 7 April 1961, that lists his SSN as 232-XX-XXXX.

4.  He was honorably released from active duty on 4 June 1962.  Item 32 (Remarks) of his DD Form 214 shows his SSN as 323-XX-XXXX.

5.  The applicant provides a copy of his health insurance card which lists his SSN as 232-XX-XXXX.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation established standardized policy for preparation of the DD Form 214.  This regulation stated the complete name and SSN of the separating service member would be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his SSN as 232-XXXXX was carefully considered and determined to have merit.

2.  The applicant's SSN appears as 232-XX-XXXX on his DA Form 24 and the DD Form 93 contained in his military records.  As a result, it would be appropriate to correct his DD Form 214 to show his SSN as he requests.

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 item 32 of his DD Form 214 and replacing the entry with the SSN shown on his DD Form 93.



      _______ _ 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)                                         AR20130021113





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ABCMR Record of Proceedings (cont)                                         AR20130021113



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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