IN THE CASE OF:	  

		BOARD DATE:	  29 April 2014

		DOCKET NUMBER:  AR20130015304 


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 item 32 (Remarks) 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-XX52 vice XXX-XX-XX25.

2.  He states the eighth and ninth digits of the SSN on his DD Form 214 were transposed.

3.  He provides his:

* DD Form 214
* 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's records show he was inducted into the Army of the United States on 29 July 1957.

3.  A review of his records show he used the SSN XXX-XX-XX52 the entire time that he was in an active duty status.  These documents include:

* two DA Forms 24 (Service Record)
* a DD Form 93 (Record of Emergency Data)

4.  He was released from active duty on 12 May 1960.  His DD Form 214 shows in item 32 (Remarks) XXX-XX-XX25. 

5.  He provides a copy of his social security card which shows his SSN as
XXX-XX-XX52.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

According to the available evidence the SSN shown on the applicant's DD Form 214 does not reflect the SSN under which he was inducted and served. His social security card also matches the SSN under which he served.  Therefore, he is entitled to correction of his DD Form 214 to show the SSN listed on his social security card.

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 deleting the entry in item 32 of his DD Form 214 and adding the SSN as it is listed 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)                                         AR20130015790





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ABCMR Record of Proceedings (cont)                                         AR20130015304



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