IN THE CASE OF:
BOARD DATE: 12 November 2014
DOCKET NUMBER: AR20140005569
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 social security number (SSN) shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, his SSN is shown as "XXX-XX-0405" and should be shown as "XXX-XX-0305."
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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. On 18 October 1961, the applicant was inducted into the Army of the United States. His DD Form 47 does not reflect an SSN; instead, he is identified by a Service Number.
3. His records contain the following documents which show his SSN as
"XXX-XX-0305":
* DA Form 41 (Record of Emergency Data)
* Form W-4 (Employee's Withholding Exemption Certificate)
* DA Form 24 (Service Record)
4. On 30 September 1963, he was honorably released from active duty. His SSN is listed on his DD Form 214 as "XXX-XX-0405."
5. He provides a copy of his social security card, which shows his SSN is
"XXX-XX-0305."
DISCUSSION AND CONCLUSIONS:
1. The applicant's service record and social security card reflect his correct SSN is "XXX-XX-0305."
2. The evidence indicates an administrative error occurred during the recording of the SSN on his DD Form 214. As such, it would be appropriate to correct the error at this time.
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 to show his SSN is "XXX-XX-0305" 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) AR20140005569
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140005569
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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