IN THE CASE OF:	  

		BOARD DATE:	  25 September 2014

		DOCKET NUMBER:  AR20140003637


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 Transferor Discharge) to show his correct social security number (SSN).

2.  The applicant states the incorrect SSN listing reflected on his DD Form 214 was an oversight at the time of his discharge and should be corrected to reflect the number listed on his SSN card as XXX-XX-XX85 instead of XXX-XX-XX35.

3.  The applicant provides a copy of his DD Form 214 and SSN 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 military record contains a DD Form 398 (Statement of Personal History) that he completed during his induction process.  Item 13 (Employment) contains a block for the SSN wherein he entered his SSN as
"XXX-XX-XX85."

3.  The applicant was inducted into the Army of the United States on 13 June 1966.  He was trained in and awarded military occupational specialty 63H (Engine Repairman).

4.  The DA Form 20 (Enlisted Qualification Record) prepared on him upon his entry on active duty lists the SSN that he claims is correct.  A DA Form 873 (Certificate of Clearance and/or Security Determination Under EO 10450) lists the SSN that he claims is correct.

5.  Some documents maintained in the applicant’s official military personnel file (OMPF) list his SSN as XXX-XX-XX85 while some other documents list his SSN as XXX-XX-XX35.

6.  On 22 May 1968, the applicant was honorably released from active duty.  Item 3 (SSN) of his DD Form 214 contains the entry XXX-XX-XX35.

7.  The applicant provides a copy of his Social Security Card.  It lists his SSN as XXX-XX-XX85.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should be corrected to show his correct SSN.  There is sufficient evidence to support granting a portion of the requested relief.

2.  The applicant's military record confirms he was inducted and served under the SSN he claims is correct.  Therefore, item 3 of his DD Form 214 should be corrected by deleting the current entry and replacing it with entry XXX-XX-XX85, as shown on his SSN 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 current SSN entry in item 3 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)                                         AR20140003637



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ABCMR Record of Proceedings (cont)                                         AR20140003637



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