IN THE CASE OF:
BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20130022135
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-4320 instead of "XXX-XX-4200.
2. He states his records show an incorrect SSN.
3. He provides his DD Form 214 and Patient Demographic Data from the Department of Veterans Affairs Medical Center (VAMC).
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 11 October 1967 and he was honorably released from active duty on 10 October 1969. His DD Form 214 shows his SSN as "XXX-XX-4200."
3. His service record includes his DA Form 2962 (Security Termination Statement and Debriefing Certificate) and DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement) which list his SSN as "XXX-XX-4320."
4. He provided VAMC Patient Demographic Data which shows his SSN as "XXX-XX-4320."
5. He did not provide a copy of his social security card.
DISCUSSION AND CONCLUSIONS:
1. The applicant was inducted into the Army of the United States on 11 October 1967. At that time, a military service number was assigned for the purpose of identification.
2. However, his military personnel record contains a DA Form 2962 and DD Form 1407 that both show his SSN as "XXX-XX-4320." The VAMC Patient Demographic Data form provided by the applicant also confirms his SSN as "XXX-XX-4320.
3. Therefore, his DD Form 214 should be amended to list the SSN as it is listed on the DD Form 2962.
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 amending his DD Form 214 to show the SSN that is listed on his DD Form 2962.
___________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) AR20130022135
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ABCMR Record of Proceedings (cont) AR20130022135
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