IN THE CASE OF:	  

		BOARD DATE:	  1 August 2013

		DOCKET NUMBER:  AR20130000368 


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) to show his social security number (SSN) as "XXX-XX-4XXX" instead of "XXX-XX-1XXX."

2.  The applicant states the SSN entered on his DD Form 214 is incorrect.

3.  The applicant provides a certified copy of his social security card and his 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 Regular Army on 27 November 1964.

3.  The applicant was released from active duty on 8 November 1967 as an early release overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group Reinforcement to complete his remaining service obligation.  His SSN is listed on his DD Form 214 as "XXX-XX-1XXX."

4.  His record contains letter orders from the Office of the Adjutant General, U.S. Army Administration Center, dated 22 January 1969, which discharged him from the USAR effective 22 January 1969.  The applicant's SSN is shown on the letter orders as "XXX-XX-1XXX."

5.  All other documents from his subsequent USAR service show his SSN as "XXX-XX-4XXX."

6.  The applicant provided a certified copy of his social security card showing his SSN as "XXX-XX-4XXX."

7.  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.  This regulation establishes standardized policy for the preparation of the DD Form 214.  The regulation in effect at the time of the applicant's separation stated the complete name and SSN of the separating service member would be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his SSN as shown on his social security card was carefully considered and determined to have merit.

2.  The only documents in his records showing the contested SSN are his        DD Form 214 and his letter orders discharging him from the USAR in 1969.  The applicant's SSN appears as "XXX-XX-4XXX" on all other documents from his subsequent USAR service.  It appears the SSN on his DD Form 214 was the result of a typographical error and should be corrected to show his SSN as shown 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 current entry from item 3 of his DD Form 214 and replacing it with the SSN as shown 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)                                         AR20130000368



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ABCMR Record of Proceedings (cont)                                         AR20130000368



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