IN THE CASE OF:
BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140006202
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 2XX-8X-XX46.
2. The applicant states he entered military service under the SSN he has used his entire life, including employment following his release from active duty. He has been denied medical care by the Department of Veterans Affairs because his DD Form 214 shows a different SSN. He cannot be awarded the Purple Heart because of this error.
3. The applicant provides:
* DD Form 214
* social security card
* Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 265, dated 21 September 1968
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 16 November 1966. His DD Form 47 (Record of Induction) shows his Army service number as US XX XXX 863. It does not show an SSN.
3. His DA Form 20 (Enlisted Qualification Record) shows his Army service number as US XX XXX 863 and his SSN as shown on his social security card.
4. He provided Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 265, dated 21 September 1968, which show his Army service number as US XX XXX 863 and his SSN as shown on his social security card.
5. He was honorably released from active duty on 6 November 1968. His DD Form 214 shows his Army service number as US XX XXX 863. However, this form shows his SSN as XXX-XX-8204.
6. He provided his social security card which shows his SSN as 2XX-8X-XX46.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show he was primarily identified by his Army service number throughout his active duty service. However, his records clearly show his SSN was recorded as XXX-XX-8246.
2. It appears that an administrative error was made in recording his SSN on his DD Form 214 at the time of his release from active duty. Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as shown on his social security card at this time.
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 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 to show his SSN as shown 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.
ABCMR Record of Proceedings (cont) AR20140006202
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ABCMR Record of Proceedings (cont) AR20140006202
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