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Decision Text

ARMY | BCMR | CY2014 | 20140004913
Original file (20140004913.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  6 November 2014

		DOCKET NUMBER:  AR20140004913 


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) for the period ending 11 September 1970.

2.  The applicant states the SSN listed on his DD Form 214 is incorrect. 

3.  The applicant provides his DD Form 214 and copies of his military identification card and 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.  Item 13 (Employment) on his DD Form 398 (Statement of Personal History) is void of an SSN in the block provided for that information.
3.  He submits a copy of his military identification card which contains the annotation "SSAN not available" on the reverse side.

4.  His DA Form 20 (Enlisted Qualification Record) and multiple orders contained in his record show his SSN as XX1-X6-8XXX.

5.  On 11 September 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows his SSN as 
XX1-X6-8XXX.

6.  A U.S. Army Accessions Command Form 171 (Army Reserve Status and Address Verification), dated 1 June 1971, shows his SSN was updated from 
1X1-X6-8XXX to XX4-X8-0XXX effective 10 August 1971.  U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 
01-1025884, dated 22 January 1975, show his SSN as XX4-X8-0XXX.

7.  The social security card he submits shows his SSN as XX4-X8-0XXX.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant did not provide an SSN at the time of his enlistment.

2.  His records show that soon after his enlistment the SSN XX1-X6-8XXX was used throughout his active duty service, including on his DD Form 214.  Evidence shows his records were updated on 10 August 1971 to show the SSN he now claims.  Therefore, it would be appropriate to correct his DD Form 214 at this time to reflect the SSN as shown on the social security card he submits.

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 current SSN entry from his DD Form 214 and replacing it with the SSN shown on the social security card he submits.



      ___________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)                                         AR20140004913



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ABCMR Record of Proceedings (cont)                                         AR20140004913



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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