IN THE CASE OF:
BOARD DATE: 10 September 2013
DOCKET NUMBER: AR20130002221
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 "x35-xx-xxxx" instead of "x53-xx-xxxx."
2. The applicant states his DD Form 214 incorrectly reflects his SSN.
3. The applicant provides:
* Medicare Health Insurance card
* 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 3 January 1968, he was inducted into the Army of the United States.
3. His DD Form 47 (Record of Induction) contains an entry in block 1 (Last Name - First Name - Middle Name) indicating that his SSN was unknown at the time of his induction. At the time of his induction, military member were identified by an issued military service number.
4. Special Orders Number 3, issued by the Armed Forces Examining and Entrance Station, New Orleans, LA, dated 3 January 1968, shows his SSN as unknown.
5. His record contains a DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement) completed by the applicant on 25 December 1969 that shows his SSN as "x35-xx-xxxx."
6. On 25 December 1969, he was honorably released from active duty as an overseas returnee. His DD Form 214 shows his SSN as "x53-xx-xxxx."
7. The applicant provides a Medicare Health Insurance Card that shows his SSN as "x35-xx-xxxx."
DISCUSSION AND CONCLUSIONS:
1. During the applicant's period of active service Soldiers were primarily identified using their assigned military service number. Therefore, an error in his SSN could easily have gone undetected.
2. The SSN shown on the DD Form 1407 matches the SSN shown his Medicare Health Insurance Card. It appears an administrative error occurred that resulted in his SSN being entered incorrectly on his DD Form 214. Therefore, his
DD Form 214 should be corrected to show his correct SSN.
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 deleting from his DD Form 214 the current Social Security Number entry and replacing it with the entry as shown on his Medicare Health Insurance Card and DD Form 1407.
_______ _ 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) AR20130002221
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ABCMR Record of Proceedings (cont) AR20130002221
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