IN THE CASE OF:  

		BOARD DATE:  13 November 2018

		DOCKET NUMBER:  AR20170007351

BOARD VOTE:

:X	:X	:X	GRANT FULL RELIEF

	:		GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	 	:	DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration



		IN THE CASE OF:  

		BOARD DATE:  13 November 2018

		DOCKET NUMBER:  AR20170007351


APPLICANT'S REQUEST AND STATEMENT:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 June 1988 to show his social security number (SSN) as xxx-xx-.  

2.  The applicant states shortly after he was released from the Army National Guard he had to be issued a new SSN when he found the SSN he was initially issued was assigned to two people.   

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:  

1.  Application for correction of military records with supporting documents: 

* Report of Confidential Social Security Benefit Information
* a copy his current social security card and driver's license
* a copy of his old social security card and driver’s license 

2.  Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems:

* DD Form 4 (Enlistment or Reenlistment Document)
* DD Form 214 

REFERENCES:

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.  

2.  Army Regulation 635-5 (Separation Documents) establishes the policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  

DISCUSSION:

1.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the Army Board for Correction of Military Records (ABCMR) has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, and 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 on 4 January 1988.  His enlistment documents and a review of his records shows he used SSN xxx-xx- throughout his period of service. 

3.  The applicant provides a copy of his old social security card and a copy of his current social security card that shows his newly assigned SSN as xxx-xx-.   

4.  His record shows the SSN he was initially issued.  The applicant states his SSN was not changed until after his period of service.  The applicant also provides a form signed by a Social Security Administration official on 22 June 1994 explaining that the applicant and another person were issued the same SSN.  

//NOTHING FOLLOWS//


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

		IN THE CASE OF:  

		BOARD DATE:  13 November 2018

		DOCKET NUMBER:  AR20170007351


BOARD DETERMINATION/RECOMMENDATION:

1.  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 amending his DD Form 214 for the period ending 17 June 1988, to show his social security number as xxx-xx- (his current social security card).


												
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)	AR20160005706



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



ABCMR Record of Proceedings (cont)	AR20170007351



3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2