IN THE CASE OF:	  

		BOARD DATE:	 28 May 2015 

		DOCKET NUMBER:  AR20140017619 


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-5x-xxxx" instead of "xxx-3x-xxxx."

2.  The applicant states:

* the SSN shown on his DD Form 214 is incorrect
* his SSN is "xxx-5x-xxxx"
 
3.  The applicant provides:

* DD Form 214
* Medicare Card
* Birth Certificate
* Self-authored 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 (RA) on 29 November 1966.  His record contains a DD Form 398 (Statement of Personal History) that he completed during his induction processing.  He indicated his SSN was 
"xxx-5x-xxxx."

3.  His record also contains a DA Form 41 (Record of Emergency), dated 
10 January 1969, that shows the SSN listed on the DD Form 398.

4.  On 7 July 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows his SSN as "xxx-3x-xxxx."

5.  He provided a copy of his Medicare Card that shows his SSN as 
"xxx-5x-xxxx."

DISCUSSION AND CONCLUSIONS:

The applicant's DD Form 398 and DA Form 41 shows he recorded his SSN as "xxx-5x-xxxx" at the time of enlistment in the RA.  It appears an administrative error occurred during the preparation of his DD Form 214 that resulted in an incorrect listing of his SSN.  Therefore, it would be appropriate at this time to correct his DD Form 214 accordingly.

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 deleting from his DD Form 214 the current SSN and replacing it with the SSN as 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)                                         AR20140017619





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ABCMR Record of Proceedings (cont)                                         AR20140017619



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