BOARD DATE:	  4 March 2014

		DOCKET NUMBER:  AR20130010738 


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) for the period ending 16 May 1971 to show his social security number (SSN) as XXX-XX-97.

2.  The applicant states his SSN is incorrectly shown as XXX-XX-77 on his DD Form 214 for his service from 1968 to 1971 and should be XXX-XX-97.

3.  The applicant provides copies of his DD Form 214 for the period ending 21 February 1978 and 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 Regular Army on 28 June 1968.

3.  There is no evidence in his records to show the SSN XXX-XX-77 was ever used during his military career.

4.  On 16 May 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows his SSN as XXX-XX-77.

5.  The applicant subsequently enlisted in the Regular Army on 1 March 1977 and was honorably discharged on 21 February 1978.  His DD Form 214 for this period of service shows his SSN as XXX-XX-97.

6.  On 10 June 2009, the applicant was issued a DD Form 215 (Correction to DD Form 214) for the period ending 16 May 1971 adding authorized awards.  The DD Form 215 for this period of service shows his SSN as XXX-XX-77.

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 and DD Form 215 for the period ending 16 May 1971 to show his SSN as shown on his social security card and subsequent DD Form 214.



      ____________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)                                         AR20130010738



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ABCMR Record of Proceedings (cont)                                         AR20130010738



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