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ARMY | BCMR | CY2015 | 20150001635
Original file (20150001635.txt) Auto-classification: Approved

		IN THE CASE OF:  	  

		BOARD DATE:  27 August 2015	  

		DOCKET NUMBER:  AR20150001635 


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) correctly.

2.  The applicant states the clerk who typed his DD Form 214 misread the last two numbers of his SSN.

3.  The applicant provides his DD Form 214 and two letters from the Social Security Administration (SSA).

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, and 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 was appointed as an officer in the U.S. Army Reserve on 
11 December 1964 and was ordered to active duty for training on 28 March 1965.  Upon his appointment he was assigned a service number.  

3.  His record contains:

	a.  A DD Form 873 (Certificate of Clearance and/or Security Determination Under EO 10450), dated 3 August 1965, which shows his SSN as 
XXX-XX-XXX4.

	b.  Special Orders Number 7, dated 29 January 1968, which show his SSN as XXX-XX-XXX4.

	c.  Letter Orders Number 12-117386, dated 16 December 1970, which show his SSN as XXX-XX-XXX4. 

4.  On 12 March 1967, he was released from active duty after completing 1 year, 11 months, and 15 days of active service.  Item 3 (SSN) of his DD Form 214 shows his SSN as XXX-XX-XXX7.  

5.  He submitted two SSA letters which show his SSN as XXX-XX-XXX4.

6.  Army Regulation 635-5 (Separation Documents) in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

The letters he submitted from the SSA show his SSN as XXX-XX-XXX4.  In addition, documents in the applicant's record show he used SSN XXX-XX-XXX4 when he served in an active duty status.  Therefore, he is entitled to have his
DD Form 214 corrected to show the SSN listed on the letters from the SSA.








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 deleting from item 3 of his DD Form 214 the current entry and replacing it with the SSN listed on the letters from the SSA.



      ____________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)                                         AR20150001635



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20150001635



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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