IN THE CASE OF:	  

		BOARD DATE:	  11 February 2014

		DOCKET NUMBER:  AR20130009675 


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 (Report of Separation from Active Duty) to show his Social Security Number (SSN) as xxx-xx-xxx3 instead of xxx-xx-xx5.

2.  The applicant states his DD Form 214 does not have his correct SSN.

3.  The applicant provides:

* his DD Form 214
* his Social Security card

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 North Carolina Army National Guard (NCARNG) on 11 November 1974.  He entered active duty for training on 6 December 1974.

3.  His DD Form 214 shows he was released to the NCARNG on 12 April 1975.  Item 3 (Social Security Number) shows his SSN as xxx-xx-xxx5.

4.  The applicant’s Military Personnel Records Jacket (MPRJ) contains the following documents that show his SSN as xxx-xx-xxx3:

* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 10 November 1980
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 29 October 1982 

5.  On 28 October 1983, the applicant was honorably discharged from the USAR. 

6.  The applicant provided his Social Security card that shows his SSN as 
xxx-xx-xxx3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows his SSN as xxx-xx-xxx5.  The applicant's Social Security card and documents contained in his MPRJ confirm his SSN is xxx-xx-xxx3.  It appears an administrative error occurred during the preparation of his DD Form 214 when his SSN was recorded.

2.  In view of the foregoing, the applicant's DD Form 214 should be corrected to show his SSN as shown on his NGB Form 22.

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 on his NGB Form 22.



      _______ _   _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)                                         AR20130009675





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ABCMR Record of Proceedings (cont)                                         AR20130009675



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