IN THE CASE OF:

		BOARD DATE:  18 January 2019

		DOCKET NUMBER:  AR20170011897


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

: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:  18 January 2019

		DOCKET NUMBER:  AR20170011897

THE APPLICANT'S REQUEST AND STATEMENT:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release 
or Discharge from Active Duty) to show his social security number (SSN) as  
XXX-XX-XXXX.

2.  The applicant states he was issued the same SSN as another individual with 
a similar name.  The Social Security Administration admitted the error and issued 
him another SSN.

BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  DD Form 149 (Application for Correction of Military Record under the 
Provisions of Title 10, U.S. Code; Section 1552) with supporting document(s):   
letter from the Department of Health and Human Services, dated 21 September 
1992.

2.  The following evidence from the applicant's service records and Department 
of the Army and Department of Defense records and systems:

*	DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the 
United States), dated 7 September 1982
*	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), then in effect, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or 
release from active military service or control of the Army.  It established 
standardized policy for preparation of the DD Form 214.  The general instructions 
stated all available records would be used as a basis for preparation of the 
DD Form 214.  The specific instructions for item 3 (SSN) stated to verify the 
accuracy with the SSN of record.

DISCUSSION:

1.  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, 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 in the Regular Army on 16 November 1982.  His 
enlistment document shows his SSN as XXX-XX-XXXX.

3.  He was released from active duty on 14 December 1992.  His DD Form 214 
shows his SSN as XXXXX-XXXX.

4.  The applicant's records consistently show his SSN as XXX-XX-XXXX 
throughout his entire period of military service.  His records are void of evidence 
showing his SSN as XXX-XX-XXXX.

5.  He provided a letter written in Spanish from the Department of Health and 
Human Services, Caguas, Puerto Rico, dated 21 September 1992, verifying 
SSN XXX-XX-XXXX is assigned to him and no one else.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160006036


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)	AR20170011897


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2