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ARMY | BCMR | CY2014 | 20140004462
Original file (20140004462.txt) Auto-classification: Approved

		

		BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140004462 


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) for the period ending 7 June 1966 to show his social security number (SSN) as XX4-XX-XXXX vice XX9-XX-XXXX.

2.  The applicant states the SSN shown on his DD Form 214 is incorrect; his social security card shows a different number.

3.  The applicant provides his DD Form 214 for the period ending 7 June 1966 and his 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.  The applicant enlisted in the Regular Army on 2 June 1964.  His      DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 2 June 1964, shows only his assigned service number (SN) and not his SSN.

3.  His DA Form 20 (Enlisted Qualification Record), created upon his entry on active duty, shows the third digit of his SSN as "4." 

4.  His record contains orders and personnel, medical, and legal documents from this period of service that identify him by his SN, not his SSN.  He completed a DD Form 398 (Statement of Personal History) on 7 June 1966, wherein he listed his third digit of his SSN as "4."

5.  He was honorably discharged for the purpose of immediate reenlistment on 7 June 1966.  Item 32 (Remarks) of the DD Form 214 he was issued for this period of service shows the third digit of his SSN as "9."

6.  He reenlisted in the Regular Army on 8 June 1966 and was discharged on 3 May 1974.  His record contains numerous orders and personnel and legal documents from this period of service that all identify him by his SSN and show the third digit of his SSN as "4."  Item 3 (SSN) of the DD Form 214 (Report of Separation from Active Duty) he was issued for this period of service shows the third digit of his SSN as "4."

7.  The applicant provides his social security card that shows the third digit of his SSN as "4."

DISCUSSION AND CONCLUSIONS:

The evidence of record shows that upon his entry on active duty, the applicant listed the third digit of his SSN as "4," and this SSN was consistently used throughout his active duty service.  It appears an administrative error occurred during the preparation of his DD Form 214 for the period ending 7 June 1966, and the third digit of his SSN was entered as "9."  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 7 June 1966 to show his SSN as it 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 amending his DD Form 214 for the period ending 7 June 1966 by deleting the SSN shown in item 18 and replacing it with the SSN as 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)                                         AR20140004462





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ABCMR Record of Proceedings (cont)                                         AR20140004462



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