IN THE CASE OF:
BOARD DATE: 28 October 2014
DOCKET NUMBER: AR20140005724
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) entered on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 April 1981.
2. He states, in effect, that the SSN shown on his DD Form 214 is XXX-2X-XXXX, but his correct SSN is XXX-7X-XXXX.
3. He provides his social security card and his DD Form 214.
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 served in the Army National Guard from 3 July 1980 to 2 July 1993.
3. Review of his record shows his SSN was consistently entered as XXX-7X-XXXX with one exception. From 20 October 1980 to 2 April 1981, he served on active duty for initial entry training. Item 3 (SSN) of the DD Form 214 covering this period shows his SSN as "XXX-2X-XXXX."
4. He provides his social security card which shows his SSN is XXX-7X-XXXX.
DISCUSSION AND CONCLUSIONS:
The SSN shown on the applicant's social security card is recorded throughout his military records. The evidence clearly shows that during the preparation of his SSN for the period ending 2 April 1981 an administrative error occurred resulting in the incorrect listing of his SSN. Therefore, it would be appropriate to correct item 3 of this DD Form 214 to show his correct SSN.
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 entry in item 3 of his DD Form 214 for the period ending
2 April 1981 and replacing it with the SSN 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) AR20140005724
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140005724
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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