IN THE CASE OF:
BOARD DATE: 11 December 2014
DOCKET NUMBER: AR20140008208
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 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-XXX4 vice XXX-XX-XXX0.
2. The applicant states the last digit of his SSN on his DD Form 214 is typed as 0 instead of 4.
3. The applicant provides his DD Form 214, Internal Revenue Service (IRS) Form 1040 (U.S. Individual Income Tax Return) and 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 was inducted into the Army of the United States (AUS) on 14 January 1966. His DD Form 47 (Record of Induction) shows only his service number (SN) and not his SSN.
3. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN with the last digit as 4. This SSN was subsequently crossed out; however, no other SSN was added to the form. His record contains orders, personnel, and medical documents that only show his SN and not his SSN.
4. His record contains:
* DA Form 2784 (Request For and Results of Personnel Security Action), dated 25 April 1967, wherein his SSN is shown with the last digit as 4
* DA Form 873 (Certificate of Clearance and/or Security Determination Under EO 10450), dated 15 June 1967, wherein his SSN is shown with the last digit as 4
* DA Form 41 (Record of Emergency Data), dated 25 September 1967, wherein his SSN is shown with the last digit as 4
5. He was honorably released from active duty on 21 December 1967 and he was transferred to the U.S. Army Reserve. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the last digit as 0.
6. The applicant provides an IRS Form 1040 and Medicare Card wherein his SSN is shown with the last digit as 4 on both forms.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant's SSN was listed with the last digit as 4 while serving in the AUS. This is the only SSN that he used during his active duty service. It appears an administrative error occurred during the preparation of his DD Form 214 and his SSN was entered with the last digit as 0. 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) AR20140008208
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ABCMR Record of Proceedings (cont) AR20140008208
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