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ARMY | BCMR | CY2014 | 20140010745
Original file (20140010745.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  29 January 2015

		DOCKET NUMBER:  AR20140010745 


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, in effect, 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 "XXX-XX-7XXX" instead of "XXX-XX-2XXX."

2.  He states the incorrect SSN is on his dog tags and DD Form 214. 

3.  He provides a Social Security Administration number printout.

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 into the Army of the United States on 13 March 1969.  At the time of induction, he was assigned a military service number that was primarily used for identification purposes.  On 18 March 1969, he was honorably discharged from active duty for immediate enlistment which was accomplished the following day.

3.  The majority of the documents contained in his records during his induction/enlistment show his assigned military service number; however, his records contain a DA Form 428 (Application for Identification Card), dated 3 May 1971, and VA Form 29-8286 (Servicemen's Group Life Insurance Election), dated 10 January 1972, showing an SSN of "XXX-XX-7XXX." 

4.  On 31 January 1972, he was honorably released from active duty.  Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-2XXX."

5.  His Social Security Administration number printout shows his SSN as "XXX-XX-7XXX."

6.  Army Regulation 635-5 (Separation Documents) at the time stated the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

It appears the applicant's service number was used throughout his period of enlisted service.  However, his DA Form 428, VA Form 29-8286, and Social Security Administration number printout confirm his SSN as "XXX-XX-7XXX." Therefore, he is entitled to correction of his DD Form 214 to show this 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 amending his DD Form 214 to show his SSN as it appears on his Social Security Administration number printout.



      _______ _   __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)                                         AR20140010745





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ABCMR Record of Proceedings (cont)                                         AR20140010745



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