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ARMY | BCMR | CY2014 | 20140004310
Original file (20140004310.txt) Auto-classification: Approved

		IN THE CASE OF: 

		BOARD DATE: 13 October 2014

		DOCKET NUMBER:  AR20140004310


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), effective 12 September 1968, by showing his correct social security number (SSN).

2.  The applicant states, in effect, his SSN should be a "XX7-XX-XXXX" instead of "XX2-XX-XXXX" as shown on his DD Form 214.

3.  The applicant provides copies of his:

* DD Form 214
* Social Security 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.  On 26 September 1966, the applicant was inducted into the Army of the United States.  He was issued a service number which the military primarily used at the time to identify Soldiers.

3.  The following documents show the applicant's SSN as XX7-XX-XXXX.

* DD Form 398 (Statement of Personal History)
* DA Form 873 (Certificate of Clearance and/or Security Determination), dated 15 September 1967
* DA Form 41 (Record of Emergency Data), dated 18 February 1968

4.  On 12 September 1968, the applicant was honorably released from active duty.  His DD Form 214 for this period of service shows his SSN as XX2-XX-XXXX.

5.  Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the 
DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Item 3 required entry of the Soldier's SSN.

6.  The applicant has provided a copy of his Social Security Card showing his SSN as XX7-XX-XXXX.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 effective 12 September 1968 should be corrected by showing his SSN as XX7-XX-XXXX.

2.  The evidence of record clearly supports the applicant's contention.  Therefore, his DD Form 214 effective 12 September 1968 should be corrected to reflect the SSN that is 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 the SSN listed on his DD Form 214, effective 12 September 1968
* adding the SSN as it is 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)                                         AR20140003727



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20140004310



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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