IN THE CASE OF:
BOARD DATE: 24 March 2015
DOCKET NUMBER: AR20140014325
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 "1XX-XX-X42X" vice "0XX-XX-X13X."
2. The applicant states his DD Form 214 incorrectly lists his SSN.
3. The applicant provides copies of a birth certificate, social security card, and his DD Form 214.
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 enlisted in the Regular Army on 28 August 1964. His DD Form 4 (Enlistment Record Armed Forces of the United States) identifies him by his service number; his SSN does not appear on this form.
3. On 28 April 1967, he completed a DD Form 93 (Record of Emergency Data), on which his SSN was listed as "1XX-XX-X42X."
4. He was honorably released from active duty on 15 August 1967 and transferred to the U.S. Army Reserve. Item 3 of his DD Form 214 shows his SSN as "0XX-XX-X13X."
5. His record contains Letter Orders Number 08-1044423 (discharge orders), issued by the Office of the Adjutant General, St. Louis, Missouri, on 18 August 1970, which show his SSN as "1XX-XX-X42X."
6. He provides a social security card that shows his SSN as "1XX-XX-X42X."
DISCUSSION AND CONCLUSIONS:
His DD Form 93, discharge orders, and social security card show his SSN as "1XX-XX-X42X." It appears an error occurred during the preparation of his
DD Form 214 that resulted in his SSN being incorrectly entered. 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 amending 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) AR20140014325
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ABCMR Record of Proceedings (cont) AR20140014325
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