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ARMY | BCMR | CY2014 | 20140001511
Original file (20140001511.txt) Auto-classification: Approved

	

		BOARD DATE:	  26 August 2014

		DOCKET NUMBER:  AR20140001511 


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 "X80-XX-XXXX" instead of "X08-XX-XXXX."

2.  The applicant states the SSN shown on his DD Form 214 should be corrected to show "X80-XX-XXXX."

3.  The applicant provides:

* social security card
* DD Form 214

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 30 August 1968.  He served as a field artillery basic crewman in Vietnam from 6 May 1969 to 10 April 1970.  He was released from active duty (REFRAD) on 10 April 1970.

3.  His REFRAD orders, dated 10 April 1970, show his SSN as "X80-XX-XXXX."

4.  Item 3 (SSN) of his DD Form 214 shows his SSN as "X08-XX-XXXX."

5.  He provided a copy of his social security card that shows his SSN as 
"X80-XX-XXXX."

DISCUSSION AND CONCLUSIONS:

The applicant's REFRAD orders show his SSN as "X80-XX-XXXX."  Therefore, it would be appropriate to correct his DD Form 214 accordingly.

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 and replacing it with the SSN as shown on his REFRAD orders.



      __________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)                                         AR20140001511



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20140001511



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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