IN THE CASE OF:	   

		BOARD DATE:	  16 September 2014

		DOCKET NUMBER:  AR20140002345 


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-XX7X" instead of "XXX-XX-XX9X."

2.  The applicant does not provide any contentions.

3.  The applicant provides an extract of his Social Security Benefit Statement.

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 22 November 1967.  In conjunction with his enlistment, the applicant completed a DD Form 398 (Statement of Personal History) that shows his SSN as XXX-XX-XX7X.
3.  On 20 November 1970, he was honorably released from active.  His DD Form 214 shows his SSN as XXX-XX-XX9X.

4.  The applicant's DA Form 2139 (Military Pay Voucher) is not available for review.

5.  Army Regulation 635-5 (Separation Document), in effect at the time, stated the SSN in item 3 of the DD Form 214 would be transcribed from the Soldier's DA Form 2139.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant provided the requested SSN during his enlistment processing.  It appears his SSN was transcribed incorrectly at the time of his release from active duty on 20 November 1970.  Therefore, he is entitled to correction of his DD Form 214 to show his SSN as it appears on his DD Form 398.

BOARD VOTE:

___x____  ____x___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 by deleting the current SSN entry and replacing it with the SSN shown on his DD Form 398.



      _______ _   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)                                         AR20140002345



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ABCMR Record of Proceedings (cont)                                         AR20140002345



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