IN THE CASE OF:
BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120004816
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 x9x-xx-xxxx instead of x4x-xx-xxxx.
2. The applicant states his DD Form 214 lists an incorrect SSN. He desires to apply for Department of Veterans Affairs (VA) benefits.
3. The applicant provides his DD Form 214 and Medicare Health Insurance card in support of his request.
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 was inducted into the Army on 18 September 1961. An assigned service number (SN) was the primary identification number used by the Army at the time of the applicant's enlistment. His DD Form 47 (Record of Induction) does not list an SSN.
3. In the block titled "Name and Service Number" of the applicant's DA Form 24 (Service Record) his SSN is listed with the number he now claim is correct.
4. The applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), contains a DA Form 41 (Record of Emergency Data) that lists sis SSN as x9x-xx-xxxx. All other documents and orders in the applicant's AMHRR do not list an SSN.
5. The DD Form 214 issued to the applicant upon his release from active duty on 9 November 1967 lists his SSN as "x4x-xx-xxxx."
6. The applicant provides a Medicare Health Insurance card that lists his SSN as x9x-xx-xxxx.
7. Army policy in effect at the time identified the DA Form 24 as the source record for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The applicant's request to correct the SSN shown on his DD Form 214 has been carefully considered and is found to have merit. The evidence of record confirms the applicant provided his correct SSN under which he performed his military service as evidenced by his DA Form 24. 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 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 deleting from item 32 (Remarks) of his DD Form 214 the current SSN entry and replacing it with the SSN as shown on his DA Form 24.
____________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) AR20120004816
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ABCMR Record of Proceedings (cont) AR20120004816
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