IN THE CASE OF:	  

		BOARD DATE:	  14 January 2014

		DOCKET NUMBER:  AR20130008035 


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 "XXX-XX-XXX4" instead of "XXX-XX-XXX6."

2.  The applicant states his Honorable Discharge Certificate contains the correct SSN, but his DD Form 214 contains an administrative error.

3.  The applicant provides his DD Form 214, social security card, and Honorable Discharge Certificate.

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 24 July 1964.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States) identified him by a service number and did not list his SSN.

3.  The DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty also identified him by his service number and did not list his SSN.

4.  He was honorably released from active duty on 29 June 1967 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  Item 3 (SSN) of his DD Form 214 listed his SSN as "XXX-XX-XXX6."

5.  He initialed or signed several documents during his military service showing his SSN as "XXX-XX-XXX4," including:

* DA Form 41 (Record of Emergency Data), undated
* U.S. Army Reserve Letter Orders 04-237304, dated 9 April 1968, subject: 
Award or Withdrawal of Military Occupational Specialty

6.  He was ultimately discharged from the Army on 23 July 1970 upon completion of his military service obligation.  Both his discharge orders and Honorable Discharge Certificate listed his SSN as "XXX-XX-XXX4."

7.  He provides his social security card that shows his SSN as "XXX-XX-XXX4."

DISCUSSION AND CONCLUSIONS:

The available evidence indicates the applicant used the SSN "XXX-XX-XXX4" upon his enlistment since this SSN is consistent with the SSN shown on several documents in his military records.  This SSN is also consistent with the SSN shown on the social security card he provides.  It appears that an administrative error occurred in the preparation of his DD Form 214.  Therefore, his DD Form 214 should be corrected to show his SSN as "XXX-XX-XXX4."

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 the current SSN entry from item 3 of his DD Form 214 and replacing it with the SSN as shown 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)                                         AR20130008035



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ABCMR Record of Proceedings (cont)                                         AR20130008035



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