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ARMY | BCMR | CY2014 | 20140005043
Original file (20140005043.txt) Auto-classification: Approved

	
	BOARD DATE:	  23 October 2014

	DOCKET NUMBER:  AR20140005043


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 (Report of Separation from Active Duty) by showing his correct social security number (SSN).

2.  The applicant states his SSN ends with the number 6, not with the number 5, as shown on his DD Form 214.  He thinks the error was just a typing mistake.

3.  The applicant provides copies of:

* Social Security Card
* DD Form 214
* Diploma, Switchboard Operator Course, dated 11 August 1974
* DA Form 87 (Department of the Army Certificate of Training) dated 23 August 1974
* DA Form 2166-4 (Enlisted Efficiency Report) dated 19 February 1975
* DA Form 87, dated in April 1975
* AGUZ Form 171A (Army Reserve Status and Address Verification), dated October 1976

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's military records are not available for review.  However, the applicant has provided sufficient documents to conduct a fair and impartial review of this specific request.

3.  On 11 September 1973, the applicant enlisted in the Regular Army.  A review of the available military records as provided by the applicant shows the following documents containing his SSN ending in the number 6:

* DA Form 87, dated 11 April 1974
* DA Form 2166-4, dated 19 February 1975
* DA Form 87, dated in April 1975
* AGUZ Form 171A, dated October 1976

4.  On 10 September 1975, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  The available copy of his altered DD Form 214, as provided by the applicant, shows the last number of his SSN that has been written over with the number 6.

5.  The applicant’s Social Security Card shows his SSN as ending with the number 6.

6.  Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his SSN ending with the number 6.

2.  The available evidence sufficiently supports the applicant's contentions.  Therefore, his DD Form 214 should be corrected to show his SSN as indicated 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 showing on his DD Form 214 his social security number as indicated 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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20140005043



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