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Decision Text

ARMY | BCMR | CY2015 | 20150002741
Original file (20150002741.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	 30 June 2015 

		DOCKET NUMBER:  AR20150002741 


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) be corrected to show the social security number (SSN) that is reflected on his social security card.

2.  The applicant states that he did not have his social security card with him when he enlisted and the personnel processing him would not accept his word of what his SSN was and issued him a temporary SSN which is reflected on his DD Form 214.

3.  The applicant provides copies of his DD Form 214, social security card, driver’s license, Medicare card, and an application for a Minnesota veteran's bonus.

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 30 July 1969 for a period of      2 years.  At the time of his enlistment he provided the SSN that is reflected on the social security card he provided with his application.  He was provided a temporary SSN that is reflected on his DD Form 214.

3.  On 29 July 1971, he was honorably released from active duty due (REFRAD) to the expiration of his term of service.  His DD Form 214 issued at the time of his REFRAD reflects his temporary SSN.

4.  On 25 June 1975, he was honorably discharged from the United States Army Reserve and his discharge orders contain the SSN that is reflected on his social security card.

DISCUSSION AND CONCLUSIONS:

1.  He provided the SSN that is reflected on his social security card at the time of his enlistment and it is reflected in his official records.

2.  However, because he did not have his social security card with him when he enlisted, he was issued a temporary SSN which was entered on his DD Form 214 at the time of his REFRAD.

3.  Accordingly, his DD Form 214 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 replacing the SSN on his DD Form 214 with 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)                                         AR20150002741





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20150002741



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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