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ARMY | BCMR | CY2015 | 20150002449
Original file (20150002449.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  15 September 2015

		DOCKET NUMBER:  AR20150002449 


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 472-XX-XXXX instead of 412-XX-XXXX.

2.  The applicant states, in effect, his DD Form 214 incorrectly shows his SSN as 
412-XX-XXXX.

3.  The applicant provides:

* DD Form 214
* photocopy of his passport
* Special Orders (SO) Number 191, dated 9 July 1968, issued by Headquarters, U.S. Army Personnel Center

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 was inducted in the Army of the United States on 7 October 1966.  

3.  On 9 July 1968, he was honorably released from active duty.  His 
DD Form 214 shows his SSN as 412-XX-XXXX.

4.  His military record contains three key documents that list his SSN as he contends it should be listed (472-XX-XXXX):

* DD Form 398 (Statement of Personal History)
* DA Form 20 (Enlisted Qualification Record)
* General Orders Number 2245, dated 16 April 1968, issued by Headquarters, 1st Aviation Brigade, awarding the applicant the Air Medal

5.  He provides a copy of his passport, which shows his name.  He also provides SO Number 191 which shows his SSN.

DISCUSSION AND CONCLUSIONS:

The evidence in the applicant's record indicates he used SSN 472-XX-XXXX upon entering military service.  It is reasonable to conclude that an administrative error was made when recording the applicant's SSN on his DD Form 214.  It would be appropriate to correct his DD Form 214 to show the SSN used when he entered active duty.

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 the SSN listed on his DD Form 398.




      _______ _   __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)                                         AR20150002449





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20150002449



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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