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ARMY | BCMR | CY2014 | 20140001166
Original file (20140001166.txt) Auto-classification: Approved
                                                                                                                                                                                                                                                         
		IN THE CASE OF:  

		BOARD DATE:  19 August 2014

		DOCKET NUMBER:  AR20140001166 


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-XX68 instead of XXX-XX-XX86.

2.  The applicant states the SSN on his DD Form 214 (XXX-XX-XX86) is incorrect.  The incorrect number is hindering the processing of his disability claim.

3.  The applicant provides copies of:

* letter from the Department of Veterans Affairs (VA) Oakland Regional Office, dated 3 January 2014 
* Social Security Administration SSN printout showing his SSN ending in "XX68"

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 29 April 1965.  At that time, Soldiers were assigned Army service numbers for identification purposes.

3.  His record contains the following document that shows the SSN as shown on his SSN printout, XXX-XX-XX68, the number he claims is correct:

* DA Form 20 (Enlisted Qualification Record) 

4.  He was honorably released from active duty on 27 January 1968.  He claims the SSN shown in item 3 (SSN) of his DD Form 214, XXX-XX-XX86, is incorrect.

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

The applicant's record contains a document that shows he used the SSN that is listed on his Social Security printout during his period of active service.  It appears an administrative error occurred resulting in the incorrect SSN being listed on his DD Form 214.  Therefore, it would be appropriate to correct his     DD Form 214 to show his SSN as it is listed on his SSN printout.

BOARD VOTE:

____X____ ___X_____ ____X____ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_______  ________  _________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 SSN entry and replacing it with the SSN listed on his SSN printout.



      ____________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)                                         AR20140001166 



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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