IN THE CASE OF:
BOARD DATE: 29 January 2015
DOCKET NUMBER: AR20140009775
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) to show his social security number (SSN) as "X83-XX-XXXX" vice "X38-XX-XXXX."
2. The applicant states his SSN was incorrectly listed on his DD Form 214.
3. The applicant provides his DD Form 214, social security card, State of Illinois driver's license, and a Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 29 May 2014.
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's records contain a DD Form 398 (Statement of Personal History) and a DA Form 20 (Enlisted Qualification Record) that show his SSN as "X83-XX-XXXX."
3. The applicant's DD Form 214 shows his SSN as "X38-XX-XXXX":
4. He provided a social security card that shows his name and his SSN as "X83-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
His DD Form 398, DA Form 20, and social security card show his SSN as "X83-XX-XXXX." It appears an error occurred during the preparation of his DD Form 214 that resulted in his SSN being incorrectly entered on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show his SSN as it is listed 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 correcting his DD Form 214 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) AR20140009775
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ABCMR Record of Proceedings (cont) AR20140009775
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