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ARMY | BCMR | CY2013 | 20130022147
Original file (20130022147.txt) Auto-classification: Approved
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		IN THE CASE OF: 

		BOARD DATE:	    14 August 2014

		DOCKET NUMBER:  AR20130022147 


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 (Certificate of Release or Discharge from Active duty) to show his social security number (SSN) as
XXX-XX-6XXX.

2.  The applicant states the SSN shown on his DD Form 214 is incorrect.  He states that he needs to submit his DD Form 214 to immigration for a Citizenship Certificate.

3.  The applicant provides a self-authored statement.  He also provides a copy of his Social Security Card, Department of Veterans Affairs Card, and Identification 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 enlisted in the United States Army Reserve (USAR) on 27 September 1978.  His DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows XXX-XX-6XXX as his SSN.

3.  He enlisted in the Regular Army on 21 November 1978.  His DD Form 4c (Enlistment or Reenlistment Agreement (Continuation Sheet)) lists his SSN as XXX-XX-6XXX.

4.  The applicant was honorably released from active duty (REFRAD) on 20 November 1982.  His DD Form 214 lists his SSN as XXX-XX-7XXX.

5.  On 8 December 1982, at the request of the Chief, Separation Transfer Point, Fort Lewis, WA, a request was made to the Commander, U.S. Army Reserve Component and Administration Center to amend the applicant's DD Form 214 to show his SSN as XXX-XX-6XXX.

6.  A review of the available records does not show that a DD Form 215 (Correction to DD Form 214) was ever issued correcting his SSN.

7.  The applicant provided a copy of his Social Security Card, which shows his SSN as XXX-XX-6XXX.

8.  Army Regulation 635-8 (Separation Processing and 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 preparation of the DD Form 214.  The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  His DD Form 4 shows the same SSN as shown on his Social Security Card.

3.  It appears that an administrative error occurred during the preparation of his DD Form 214 that resulted in recording an incorrect SSN.


4.  In view of the foregoing, it would be appropriate 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 his DD Form 214 the current SSN listing 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)                                         AR20130022147



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20130022147



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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