IN THE CASE OF:
BOARD DATE: 30 April 2015
DOCKET NUMBER: AR20140016658
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 (Report of Separation from Active Duty) to show his social security number (SSN) as X66-86-XXXX.
2. The applicant states:
* his SSN was incorrectly annotated on his DD Form 214
* he is unable to obtain veterans' benefits due to the error
3. The applicant provides:
* DD Form 214
* social security card
* State of Louisiana identification card
* Department of Veterans Affairs identification 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 enlisted in the Regular Army on 31 December 1970. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his SSN as X88-68-XXXX.
3. He was discharged from the Army on 27 March 1975. His DD Form 214 shows his SSN as X88-68-7229.
4. His military records contain the following documents showing his SSN as
X66-86-XXXX:
* Standard Form 88 (Report of Examination), dated 17 March 1975
* Company E, 704th Maintenance Battalion, 4th Infantry Division, memorandum, dated 20 March 1975
* DA Form 664 (Serviceman's Statement Concerning Application for Compensation from the Veterans Administration)
5. He provided a copy of his social security card which shows his SSN as
X66-86-XXXX.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his SSN as X66-86-XXXX was carefully considered and found to have merit.
2. Multiple documents in his military records show his SSN as X66-86-XXXX, supporting his request to correct his DD Form 214.
3. Therefore, his DD Form 214 should be corrected to reflect 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 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 his SSN as 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) AR20140016658
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ABCMR Record of Proceedings (cont) AR20140016658
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