IN THE CASE OF:	  

		BOARD DATE:  19 December 2013

		DOCKET NUMBER:  AR20130008048 


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-XX95" instead of "XXX-XX-XX79."

2.  He states his SSN on his DD Form 214 is incorrect. 

3.  He provides:

* DD Form 214
* Social Security Administration letter
* social security card 
* Letter Orders Number 11-1289793, dated 24 November 1971

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 into the Army of the United States on 3 December 1965.  At the time of induction he was assigned a military service number that was primarily used for identification purposes.  The majority of the documents contained in his record during his induction show his assigned military service number; however, his record contained a DA Form 3027 (U.S. Army Request for National Agency Check), dated 14 June 1966, and a DA Form 20 (Enlisted Qualification Record) listing his SSN as "XXX-XX-XX95."

3.  On 10 November 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group.  He was credited with 1 year and 10 months of active service.

4.  Item 3 (SSN) of his DD Form 214 shows his SSN as "XXX-XX-XX79."

5.  He provided his social security card, a letter from the Social Security Administration, and discharge orders from the USAR which list his SSN as 
"XXX-XX-XX95."

6.  Army Regulation 635-5 (Separation Documents) states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

It appears the applicant's service number was used throughout his period of service.  However, his DA Form 3027, social security card, and a letter from the Social Security Administration confirm his SSN as "xxx-xx-xx95."  Therefore, he is entitled to correction of his DD Form 214 to show his correct SSN.

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 his SSN as it appears 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)                                         AR20130008048



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ABCMR Record of Proceedings (cont)                                         AR20130008048



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