BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140004373
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 the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his correct SSN is "XX9-XX-XXXX" and not "XX7-XX-XXXX" as listed on his DD Form 214.
3. The applicant provides his DD Form 214, social security card, Veterans Administration card, and Honorable Discharge Certificate.
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 14 October 1963, he enlisted in the Regular Army. His DD Form 214 shows he was honorably released from active duty (REFARD) on 20 July 1966 and his SSN is listed as "XX7-XX-XXXX" in item 32 (Remarks) of this form.
3. His record is void of documentation listing the SSN he used during his period of active duty service; however, his record does contain an Army Reserve Personnel Data Review sheet signed by the applicant on 4 October 1966, approximately two months after his REFRAD, which lists his SSN as XX9-XX-XXXX.
4. He provides a copy of his social security card and Honorable Discharge Certificate which show his SSN as "XX9-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
1. The applicant's record is void of documentation listing his SSN during his period of service. He provides his Honorable Discharge Certificate which shows the SSN shown on his social security card and he later completed an Army Reserve Personnel Data Review listing this same SSN.
2. It appears that an error was made in entering the SSN on later documents. Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as it is listed 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 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
replacing the SSN entered on his DD Form 214 with the SSN 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) AR20140004373
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ABCMR Record of Proceedings (cont) AR20140004373
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