IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140005648
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), National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), and Honorable Discharge Certificate to show his social security number (SSN) as "XX1-XX-XXXX" vice "XX4-XX-XXXX."
2. The applicant states his SSN was incorrectly listed due to a typographical error.
3. The applicant provides:
* DD Form 214
* NGB Form 22
* NGB Form 55 (Honorable Discharge Certificate)
* Medicare Card
* 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 appears to have enlisted in the Army National Guard of the United States on or around 21 May 1965. Additionally, his DA Form 20 (Enlisted Qualification Record) shows his SSN as "XX1-XX-XXXX."
3. He entered active duty for training on 1 August 1966 and was honorably released from active duty (REFRAD) on 22 December 1966. His DD Form 214 shows his SSN as "XX4-XX-XXXX." He was honorably discharged from the ARNG on 20 May 1971. His NGB Form 22 and NGB Form 55 show his SSN as
XX4-XX-XXXX.
4. He provided copies of his Medicare and Social Security cards, which show his SSN as "XX1-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
The applicant's DA Form 20 shows his SSN as "XX1-XX-XXXX." This is the same SSN listed on his social security card. Therefore, he is entitled to correction of his DD Form 214, NGB Form 22, and NGB Form 55 to show his SSN as listed on 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 correcting his DD Form 214, NGB Form 22, and NGB Form 55 to show his SSN as it is listed 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) AR20140005648
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ABCMR Record of Proceedings (cont) AR20140005648
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