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ARMY | BCMR | CY2014 | 20140014034
Original file (20140014034.txt) Auto-classification: Approved

		IN THE CASE OF:  	  

		BOARD DATE:  17 March 2015	  

		DOCKET NUMBER:  AR20140014034 


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 369-XX-XXXX vice 364-XX-XXXX.

2.  The applicant states, in effect, his SSN is 369-XX-XXXX not 364-XX-XXXX as shown on his DD Form 214.  A typographical error was made.

3.  The applicant provides his DD Form 214 and a copy of his social security card.

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 25 April 1968.

3.  On 2 December 1969, he was honorably released from active duty.  His 
DD Form 214 shows his SSN as 364-XX-XXXX.

4.  Records show three key documents, executed at or near time of entry on active duty, have the SSN he contends is correct (369-XX-XXXX):

* DD Form 398 (Statement of Personal History)
* Special Order Number 83, dated 25 April 1968, issued by Armed Forces Examining and Entrance Station (induction order)
* DD Form 1584 (National Agency Check Request)

5.  He provides a copy of his social security card, which shows his SSN as 
369-XX-XXXX.

DISCUSSION AND CONCLUSIONS:

The evidence in the applicant's record indicates he used SSN 369-XX-XXXX upon entering military service.  It is reasonable to conclude those documents completed at point of entry are most likely to show the correct SSN.  It appears an administrative error was made when recording the applicant's SSN on his DD Form 214.  It would be appropriate to correct his DD Form 214 to show the SSN used when he entered active duty.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the SSN 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)                                         AR20140014034





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20140014034



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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