BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140008936
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 XX8-XX-XXXX vice XX2-XX-XXXX.
2. The applicant states the SSN listed on his DD Form 214 is wrong. This error is delaying his Department of Veterans Affairs (VA) health care and benefits.
3. The applicant provides his DD Form 214, social security card, Medicare card, and a printout from the Social Security Administration.
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 23 February 1966. His DD Form 47 (Record of Induction) shows only his service number and not his SSN.
3. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SSN with the third digit as "8."
4. His record contains orders, personnel, and legal documents, to include a DA Form 41 (Record of Emergency Data) dated 10 April 1967, wherein his SSN is shown with the third digit as "8."
5. He was honorably released from active duty on 5 February 1968. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the third digit as "2."
6. The applicant provides his social security card, Medicare card, and a printout from the Social Security Administration, wherein his SSN is shown with the third digit as "8" on all the documents.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms that upon the applicant's entry on active duty the third digit of his SSN was listed as "8." This is the SSN he used throughout his military service. It is evident an error occurred during the preparation of his DD Form 214 when his SSN was listed with the third digit as "2." Therefore, he is entitled to correction of his DD Form 214 to show his SSN as it is shown on his social security 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 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) AR20140008936
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ABCMR Record of Proceedings (cont) AR20140008936
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