IN THE CASE OF:
BOARD DATE: 23 October 2014
DOCKET NUMBER: AR20140004661
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 XXX-XX-XX53 vice XXX-XX-XX35.
2. The applicant states the SSN shown on his DD Form 214 is incorrect; the last two digits are reversed.
3. The applicant provides his DD Form 214, Medicare card, and his 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 (AUS) on 7 August 1968. In conjunction with his induction into the AUS, he completed a DD Form 398 (Statement of Personal History) on an unknown date wherein he listed his SSN with the last two digits as 53.
3. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN with the last two digits as 35.
4. His record contains a DD Form 1584 (National Agency Check Request), dated 8 August 1968, wherein his SSN is listed with the last two digits as 53. His record also contains orders, personnel, and medical documents that show his service number and not his SSN.
5. He was honorably released from military control on 3 October 1968.
6. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the last two digits as 35.
7. The applicant provides his Medicare card and social security card wherein they show his SSN with the last two digits as 53.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant listed his SSN with the last two digits as 53 upon his induction into the AUS. It appears an administrative error occurred when his DA Form 20 was prepared listing his SSN with the last two digits as 35. This error was compounded when his DD Form 214 was prepared with the same incorrect SSN. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his SSN as it is 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 amending his DD Form 214 by deleting the SSN shown in item 3 and replacing it with the 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) AR20140004661
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ABCMR Record of Proceedings (cont) AR20140004661
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