IN THE CASE OF:	  

		BOARD DATE:	        19 FEBRUARY 2009

		DOCKET NUMBER:  AR20080013246 


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 in duplicate applications, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Social Security Number (SSN) under which he served.

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

3.  The applicant provides in support of his application a copy of his Military Pay Voucher, dated 24 November 1967; a statement from the Social Security Administration dated 24 March 2008; a copy of his DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty); a copy of his Identification and Privilege Card and Medicare Health Insurance Card; and a copy of 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.  On 25 November 1966 the applicant was inducted into the Army in Buffalo, New York.  He successfully completed his training as an infantryman.

3.  A review of the applicant's records shows that the SSN that he contends to be his correct SSN is the same SSN reflected in almost every document that is contained in his Official Military Personnel File (OMPF) from the time of his induction on 25 November 1966 until the date of his discharge.

4.  The only two official documents that were prepared while the applicant was on active duty that do not reflect the SSN under which he served are his Enlisted Qualification Record (DA Form 20) and General Orders Number 7984 dated 22 October 1968 which appear to have been originally prepared to reflect the SSN that he contends is his correct SSN.  However, at some point both documents were pen and ink changed to reflect the incorrect SSN.

5.  After completing 1 year, 11 months and 20 days of total active service, the applicant was honorably released from active duty (REFRAD) on 14 November 1968, under the provisions of Army Regulation 635-200, chapter 5, as an overseas returnee.

6.  The DD Form 214 that he was furnished at the time of his discharge reflects the SSN that the applicant states is incorrect and it reflects the SSN as pen and ink changed on his DA Form 20 and on General Orders Number 7984.

7.  On 18 October 2005, the applicant was furnished a DD Form 215 to amend his DD Form 214 by adding additional awards and decorations, the education and courses that he completed and the dates of the Vietnam service.  His DD Form 215 also reflect s the incorrect SSN.

8.  The Military Pay Voucher that the applicant submitted in support of his application shows the SSN that he states is correct and the SSN matches the SSN on his statement from the Social Security Administration and his Medicare Health Insurance Card.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the SSN reflected on his DD Form 214 is incorrect.  His contentions have been noted and have been determined to have merit.

2.  It appears that an error was made during the preparation of the applicant DD Form 214 which resulted in the incorrect SSN being reflected therein.  The same SSN appears on almost every document contained in his OMPF from the time of his induction into the Army until the time that his DD Form 214 was prepared.

3.  The only two official documents that were prepared while he was on active duty that do not reflect the SSN under which he served were pen and ink changed to reflect the incorrect SSN.

4.  The Military Pay Voucher, the statement from the Social Security Administration and his Medicare Health Insurance Card all match the SSN reflected throughout his active service except on two documents that were clearly pen and ink changed on an unknown date.  There is a preponderance of evidence that supports the applicant's contention that the SSN currently reflected on his DD Form 214 is incorrect.  Therefore, his DD Form 214 and his DD Form 215 should be corrected to reflect the appropriate SSN.

5.  In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below.

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 and his DD Form 215 to reflect the Social Security Number currently shown on his statement from the Social Security Administration.




      _______ _  XXX _______   ___
               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)                                         AR20080013246



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ABCMR Record of Proceedings (cont)                                         AR20080013246



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