IN THE CASE OF:
BOARD DATE: 6 August 2015
DOCKET NUMBER: AR20150000779
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 that his DD Form 214 (Armed Forces of the United States report of Transfer or Discharge), DA Form 256A (Honorable Discharge Certificate), and DA Form 3522 (Certificate of Appreciation) be corrected to show his correct Social Security Number (SSN).
2. The applicant states that his DD Form 214, DA Form 256A and DA Form 3522 all contain an incorrect SSN.
3. The applicant provides copies of his DD Form 214, DA Form 256A, DA Form 3522, Social Security Card, Medicare Card and GED Test Results.
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 9 January 1970 for a period of 3 years using the SSN that is contained on his Social Security Card. All of his records were prepared to reflect that SSN.
3. He was transferred to Fort Knox, Kentucky to undergo his basic training and on 15 May 1970, he was honorably discharged for failure to meet medical fitness standards at the time of enlistment. He had served 3 months and 7 days of active service and his DD Form 214, DA Form 256A and DA Form 3522 issued at the time of his discharge shows an incorrect SSN that contains a 2 as the eighth digit.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214, DA Form 256A and DA Form 3522 should be corrected to show his correct SSN has been noted and found to have merit.
2. The applicant enlisted with the SSN that is reflected on his Social Security Card and his records were prepared accordingly. However, it appears that an administrative error occurred at the time his separation documents were prepared and his SSN was incorrectly entered on those forms.
3. Accordingly, his DD Form 214, DA Form 256A and DA Form 3522 (if still available) should be corrected to show the SSN that is reflected 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 showing on his DD Form 214, DA Form 256A and DA Form 3522 (if still available) the SSN that is reflected 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) AR20150000779
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ABCMR Record of Proceedings (cont) AR20150000779
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