IN THE CASE OF:
BOARD DATE: 20 June 2013
DOCKET NUMBER: AR20120021309
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 "229-XX-XXXX" instead of "226-XX-XXXX."
2. The applicant states his documents have the incorrect SSN listed; his correct SSN begins with "229" instead of "226" as shown. One document has the correct SSN, but there is a line through it with a handwritten "6" replacing the "9."
3. The applicant provides a letter from the Social Security Administration and his Medicare Health Insurance 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's records show he was inducted into the Army of the United States (AUS) on 17 October 1967 and he held military occupational specialty 91B (Medical Specialist).
3. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN as "226-XX-XXXX."
4. His records contain several orders and personnel and legal documents that show only his service number and not his SSN. His records also contain documents that show his SSN as "226-XX-XXXX."
5. His records contain a:
* DA Form 41 (Record of Emergency Data), dated 28 October 1968, wherein his SSN is shown as "229-XX-XXXX"
* DA Form 428 (Application for Identification Card), dated 9 September, wherein his SSN is shown as "229-XX-XXXX"
* U.S. Army Vietnam (USARV) Form 157-R (Recommendation for Decoration for Valor or Merit), dated 12 September 1969, wherein his SSN is shown as "229-XX-XXXX"
6. Special Orders Number 281, Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 8 October 1969, released him from active duty. These orders show his SSN as "229-XX-XXXX."
7. He was honorably released from active duty on 8 October 1969 and he was transferred to the U.S. Army Reserve. He completed 1 year, 11 months, and 22 days of creditable active service.
8. Item 3 (SSN) of his DD Form 214 shows his SSN as "226-XX-XXXX."
9. The applicant provides his Medicare Health Insurance card, undated, which shows his SSN as "229-XX-XXXX."
DISCUSSION AND CONCLUSIONS:
It is unclear if the applicant recorded his SSN with the third digit as "9" upon his induction into the AUS. Although his record contains several documents showing his SSN as "226-XX-XXXX," there are also several documents showing his SSN as "229-XX-XXXX." Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as "229-XX-XXXX" as shown on his Medicare Health Insurance 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 from his DD Form 214 and replacing it with the SSN as shown on his Medicare Health Insurance 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.
ABCMR Record of Proceedings (cont) AR20120021309
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ABCMR Record of Proceedings (cont) AR20120021309
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