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ARMY | BCMR | CY2014 | 20140007528
Original file (20140007528.txt) Auto-classification: Approved

		IN THE CASE OF:  

		BOARD DATE:  4 December 2014	  

		DOCKET NUMBER:  AR20140007528 


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 31 August 1982.

2.  He states that he gave the SSN shown on his DD Form 214 when he enlisted in the Army National Guard in 1979; however, the number was not verified.  In 1983 while in Germany, the number was found to be incorrect.  His correct SSN is "XXX-XX-X366" not "XXX-XX-X677."

3.  He provides his social security card, National Guard Bureau (NGB) 
Form 22 (Report of Separation and Record of Service), and his DD Form 214 ending 31 August 1982.

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.  There are no available records for the applicant under either SSN.  All records were provided by the applicant.

3.  He served in the Army National Guard (ARNG) from 18 August 1981 to 
4 October 1983.  During this period he completed his initial active duty training (ADT) from 28 June to 31 August 1982.  The DD Form 214 issued at the time of his release from ADT list his SSN as XXX-XX-X677 in item 3 of this form.

4.  He was discharged from the ARNG due to fraudulent entry and issued an NGB Form 22 which shows his SSN as XXX-XX-X677.

5.  He was subsequently issued an NGB Form 22A (Correction to NGB Form 22) which corrected his SSN to show XXX-XX-X366.

6.  He provides his social security card which shows his SSN is XXX-XX-X366.

DISCUSSION AND CONCLUSIONS:

The evidence shows that the ARNG corrected the SSN listed on the applicant's NGB Form 22 for the period 18 August 1981 through 4 October 1983 to show XXX-XX-X366.  Therefore, it would be appropriate to correct item 3 of this DD Form 214 ending 31 August 1982 to show his SSN as shown 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 current entry in item 3 of his DD Form 214 for the period ending 
31 August 1982 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)                                         AR20140007528





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ABCMR Record of Proceedings (cont)                                         AR20140007528



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