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ARMY | BCMR | CY2014 | 20140019409
Original file (20140019409.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  30 June 2015

		DOCKET NUMBER:  AR20140019409 


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 "x98-xx-xxxx" instead of "x89-xx-xxxx."

2.  The applicant states his SSN was typed incorrectly on his DD Form 214.

3.  The applicant provides a social security card, DD Form 214, and letter from the Department of Veterans Affairs (VA).

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.  In connection with his enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History) and listed his SSN as "x98-xx-xxxx."  He authenticated this form with his signature 

3.  He enlisted in the RA on 15 March 1968.  Item 19 (SSAN) of his DD Form 4 (Enlistment Contract-Armed Forces of the United States) listed his SSN as    "x98-xx-xxxx." 

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his SSN as "x89-xx-xxxx" (the second and third digits were transposed). 

5.  His service records contain multiple documents listing his SSN as             "x98-xx-xxxx."  He authenticated some of these documents with his signature.

6.  He was honorably discharged from active duty on 6 January 1970.  Item 3 (SSN) of his DD Form 214 for listed his SSN as "x89-xx-xxxx."

7.  He provides a social security card that list a name similar to his and the SSN "x98-xx-xxxx."  He also provides a letter from the VA advising him of a discrepancy in his  SSN. 

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's completed a DD Form 398 listing his SSN as "x98-xx-xxxx."  His enlistment contract listed a similar SSN.  Aside from his DA Form 20 which listed his SSN as "x89-xx-xxxx," the SSN he disclosed is consistent with the SSN used throughout his military service and the one he now requests.  One can only conclude that a typographical error occurred during the preparation of his DD Form 214.

2.  Therefore, his DD Form 214 should be corrected to show his SSN with the numbers "98" instead of the numbers "89" in the second and third digits.



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 item 3 of his DD Form 214, dated 29 March 1972, to show the SSN shown on the social security card he provides. 



      _______ _   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)                                         AR20140019409





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ABCMR Record of Proceedings (cont)                                         AR20140019409



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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