BOARD DATE: 30 January 2014
DOCKET NUMBER: AR20130009688
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 x8x-xx-xxxx instead of x3x-xx-xxxx.
2. The applicant states the SSN shown on his DD Form 214 is incorrect due to an administrative error.
3. The applicant provides a DD Form 214 and a copy of his Medicare 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. On 10 October 1966, prior to his induction into the Army, the applicant prepared a DD Form 398 (Statement of Personal History) in which he listed the SSN he claims is correct.
3. He was inducted into the Army on 26 October 1966.
4. His military records include a DA Form 3027 (U.S. Army Request for National Agency Check) and reassignment orders that list his SSN as the SSN he claims is correct.
5. He was honorably released from active duty on 19 October 1968. His DD Form 214 shows his SSN as x3x-xx-xxxx.
6. He provides a copy of his Medicare card that shows his SSN as x8x-xx-xxxx.
7. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record contains a DD Form 398, DA Form 3027, and reassignment orders that show his SSN as x8x-xx-xxxx as shown on his Medicare card. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in his SSN being incorrectly listed.
2. In view of the foregoing, his DD Form 214 should be corrected to show his SSN as shown on his Medicare card.
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 correcting his DD Form 214 to show his SSN as shown on his Medicare 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) AR20130009688
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