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ARMY | BCMR | CY2014 | 20140006424
Original file (20140006424.txt) Auto-classification: Approved

		IN THE CASE OF:  

		BOARD DATE:  25 November 2014	  

		DOCKET NUMBER:  AR20140006424 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Social Security Number (SSN), 3XX-XX-XXXX, that is contained on his Social Security Card instead of 2XX-XX-XXXX.

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

3.  The applicant provides copies of his DD Form 214, Honorable Discharge Certificate, Social Security Card, and his Department of Veterans Affairs (VA) Certificate of Eligibility.

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 was inducted on 24 September 1965.  He listed his SSN as 3XX-XX-XXXX on his DD Form 398 (Statement of Personal History) at the time.

3.  On 22 September 1967, he was honorably released from active duty (REFRAD).  His DD Form 214 shows his SSN as 2XX-XX-XXXX. 

4.  His Social Security Card shows his SSN as 3XX-XX-XXXX.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was inducted using the SSN that is contained on his Social Security Card.  He served under that SSN his entire period of service; however, it appears that during the preparation of his DD Form 214 an administrative error occurred resulting in an incorrect SSN being listed.

2.  Accordingly, his DD Form 214 should be corrected to show the SSN that is contained 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 deleting the SSN contained on his DD Form 214 and replacing it with the SSN that is contained 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)                                         AR20140006424





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20140006424



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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