IN THE CASE OF:	  

		BOARD DATE:	  27 February 2014

		DOCKET NUMBER:  AR20130010580 


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 (Certificate of Release or Discharge from Active Duty) for the period ending 23 April 1981 to show his social security number (SSN) as "xxx-x4-xxxx" instead of "xxx-x3-xxxx."

2.  The applicant states:

* the SSN shown on his DD Form 214 for the period ending 23 April 1981 is incorrect
* his SSN is "xxx-x4-xxxx"
* the SSN shown on his DD Form 214 belongs to a deceased person   

3.  The applicant provides:

* Social security card
* DD Form 214

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 Army National Guard (ARNG) on 17 July 1980.  His enlistment contract shows his SSN was corrected (pen change) to show his SSN as "xxx-x4-xxxx" instead of "xxx-x3-xxxx."  He was ordered to active duty on 21 January 1981 for training and he was released from active duty on 23 April 1981.  

3.  Item 3 (SSN) of his DD Form 214 for the period ending 23 April 1981 shows his SSN as "xxx-x3-xxxx."

4.  He was discharged from the ARNG on 7 July 1989.  His SSN is shown as "xxx-x4-xxxx" on his National Guard Bureau Form 22 (Report of Separation and Record of Service).

5.  He provides a copy of his social security card which shows his SSN as 
"xxx-x4-xxxx."

DISCUSSION AND CONCLUSIONS:

The applicant's ARNG enlistment contract, dated 17 July 1980, shows he recorded his SSN as "xxx-x4-xxxx."  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 23 April 1981 accordingly.

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 
deleting the current SSN entry from his DD Form 214 and replacing it with the SSN shown on his ARNG enlistment contract, dated 17 July 1980.



      _______ _   __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)                                         AR20130010580





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130010580



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1