IN THE CASE OF:
BOARD DATE: 9 June 2015
DOCKET NUMBER: AR20140018829
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 the social security number (SSN) entered in item 3 (SSN) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 February 1973 from
XXX-96-XXXX to XXX-98-XXXX.
2. He states his SSN is incorrect. He believes the error to be a typing error.
3. He provides his DD Form 214 and his Honorable Discharge Certificate.
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. On 24 February 1971, the applicant was inducted in the Army of the United States. Review of his induction records shows his SSN was recorded as XXX-96-XXXX.
3. His DA Form 873 (Certificate of Clearance and/or Security Determination) shows he received his security clearance on 17 November 1971 with the SSN XXX-98-XXXX.
4. Prior to the applicant's separation from service he submitted a DA Form
3082-R (Statement of Medical Condition) in which he listed his SSN as
XXX-98-XXXX.
5. On 15 February 1973, he was honorably released from active duty service and transferred to the United States Army Reserve and received a DD Form 214 with his SSN as XXX-96-XXXX. His Honorable Discharge Certificate, dated
23 February 1977, shows his SSN as XXX-98-XXXX.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant's SSN was entered incorrectly on his DD Form 214.
2. It would be appropriate to issue a DD Form 215 (Correction to DD Form 214) correcting item 3 of his DD Form 214 to show the SSN entered on his DA Form 873.
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
issuing a DD Form 215 amending item 3 of his DD Form 214 for the period ending 15 February 1973 to show the SSN listed on his DA Form 873.
_______ _ 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) AR20150001184
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ABCMR Record of Proceedings (cont) AR20140018829
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