IN THE CASE OF
BOARD DATE: 28 August 2014
DOCKET NUMBER: AR20140001384
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) for the period ending 9 July 1991 to show his social security number (SSN) as "XXX-XX-XXX8" instead of "XXX-XX-XXX5."
2. The applicant states:
* item 3 (SSN) of this DD Form 214 has an incorrect SSN
* his correct SSN is "XXX-XX-XXX8"
3. The applicant provides his DD Forms 214 for the periods ending 24 February 1989 and 9 July 1991.
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 (USAR) on 9 September 1988. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows his SSN as "XXX-XX-XXX8."
3. He was ordered to active duty for training on 5 October 1988 and he was released from active duty (REFRAD) on 24 February 1989. His DD Form 214 for the period ending 24 February 1989 shows his SSN as "XXX-XX-XXX8."
4. He was ordered to active duty on 21 November 1990 in support of Operations Desert Shield/Desert Storm. He served as a general construction equipment operator in Southwest Asia from 2 February 1991 to 8 June 1991. He was REFRAD on 9 July 1991.
5. Item 3 of his DD Form 214 for the period ending 9 July 1991 shows his SSN as "XXX-XX-XXX5."
6. He was honorably discharged from the USAR on 10 September 1996 and his discharge orders show his SSN as "XXX-XX-XXX8."
7. His service personnel records contain a copy of his social security card which shows his SSN as "XXX-XX-XXX8."
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 4 shows he recorded his SSN as "XXX-XX-XXX8" in 1988 and his DD Form 214 for the period ending 24 February 1989 shows this SSN. Therefore, it would be appropriate to correct his DD Form 214 for the period ending 9 July 1991 to show this SSN.
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 the current entry in item 3 from his DD Form 214 for the period ending 9 July 1991 and replacing it with the SSN as shown on his DD Form 4.
___________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) AR20140001384
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ABCMR Record of Proceedings (cont) AR20140001384
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