BOARD DATE: 6 June 2013
DOCKET NUMBER: AR20120020681
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 item 3 (Social Security Number (SSN)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
a. he did not realize his SSN was incorrectly listed in item 3 of his
DD Form 214 at the time of his discharge from the military; and
b. his DD Form 214 should be corrected to show his SSN as "XX9-58-XXXX" instead of "XX8-59-XXXX."
3. The applicant provides a copy of his Medicare Health Insurance card and Social Security card.
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 of the United States on 19 July 1967. He was trained in and awarded military occupational specialty 91T (Veterinarian Specialist).
3. The DA Form 20 (Enlisted Qualification Record) prepared on him upon his entry on active duty list his SSN as XX9-58-XXXX. His record includes a DD Form 398 (Statement of Personal History), dated 23 July 1966, which lists his SSN as "XX9-58-XXXX."
4. The majority of documents on file in the applicant's Army Military Human Resource Record (AMHRR) (previously known as official military personnel file) list his SSN as "XX9-58-XXXX." However, there are a few documents that list his SSN as "XX8-59-XXXX."
5. On 25 April 1969, the applicant was released from active duty after completing 1 year, 9 months, and 7 days of creditable active duty service. Item 3 of his DD Form 214 list his SSN as XX8-59-XXXX.
6. The applicant provides a copy of his Medicare Health Insurance and Social Security cards. These two documents list his social security number
"XX9-58-XXXX."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his SSN as "XX9-58-XXXX." There is sufficient evidence to support this claim.
2. The applicant's AMHRR confirms the SSN that the applicant claims is correct is the same SSN identified upon his entry on active duty and listed on the majority of all documents on file. He also provides a copy of his social security card which confirms this same SSN as "XX9-58-XXXX." Therefore, item 3 of his DD Form 214 should be corrected by deleting the current SSN entry and replacing it with the SSN shown on his Social Security card.
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 the current SSN entry in item 3 of his DD Form 214 and replacing it with the SSN as listed on his Social Security card.
_______ _ 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.
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