IN THE CASE OF:	

		BOARD DATE:	  5 February 2014 

		DOCKET NUMBER:  AR20130011990 


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 her social security number (SSN) shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, the SSN shown on her DD Form 214 is her sister's SSN and should be XXX-XX-.

3.  The applicant provides copies of her DD Form 214, social security card, discharge orders, and enlistment contract.

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.  On 26 September 1977, the applicant enlisted in the Regular Army.  Her enlistment contract is not available, but her 1980 discharge orders show her SSN as XXX-XX-.

3.  On 6 April 1980, she was honorably discharged for immediate reenlistment.  A Certification of Military Service shows she was honorably discharged on “7” April 1980 and her SSN as XXX-XX-.

4.  She immediately reenlisted on 7 April 1980.  Her reenlistment contract shows her SSN as XXX-XX-.

5.  The DD Form 214 she provided shows she was discharged under honorable conditions on 24 July 1987.  This form shows her SSN as XXX-XX-.

6.  She also provided a copy of her social security card showing her SSN as 
XXX-XX-.

7.  The DD Form 214 provided by the applicant matches all of the available data within her military records with the exception of her SSN.

DISCUSSION AND CONCLUSIONS:

The evidence indicates an administrative error was made when recording the applicant's SSN on her DD Form 214 for the period ending 24 July 1987.  It would be appropriate to correct this error at this time.

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 her DD Form 214 to show her SSN as shown on her 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)                                         AR20130011990



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ABCMR Record of Proceedings (cont)                                         AR20130011990



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